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If South Africa’s new traffic laws are implemented next year, the injustices they will cause will be too terrifying to imagine.
This is the opinion of the director of the South African Justice Project (JPSA), Howard Dembovsky, who publicly supported a presentation made by the Automobile Association of South Africa (AA) in which he criticized the latest draft of the Administrative Adjudication of Crimes regulations. Transit (AARTO).
He said the new regulations reveal the blatant commercialization of traffic tickets taking place in South Africa.
“From the huge increases in fines and administrative fees payable to the many new obstacles that are going to get in the way of a motorist who wants to prove his innocence; these draft regulations make it clear that money and not justice or road safety is the primary focus of the AARTO Act, ”Dembovsky said.
The AARTO Act already views traffic tickets as little more than bills, he said, except when alleged offenders choose to be tried in court under current provisions.
“If the AARTO Amendment Act is implemented nationwide on July 1, 2021, where an emerging Court further hinders access to lower courts, the injustices it will create are too terrifying to imagine,” Dembovsky said.
“Once the regulations are in place, reversing them is a very tedious and expensive process.”
People’s rights are at stake
The AA has stated that it stands by its claim that the AARTO Act mocks the claim that the act is intended to improve road safety in South Africa.
Of particular concern to the AA is an issue that was first raised in October of last year: Infringement Penalty Tax (IPL) R100 collected in addition to the amount of the fine in each notice of violation issued.
“This is a disproportionate, broad and unfair draft regulation and it is similar to someone paying a fee to file their tax returns; Ultimately, it is an unfair surcharge for a function that is already paid for through traffic ticket revenue, ”AA said.
He added that people’s rights are in line with the draft regulation and, unless the public expresses their concerns, the regulation will become law and these rights will be violated.
“The quiet implementation of a stealthy billions of rand tax is a scandalous addition to the regulations,” said the AA.
“We urge the Department of Transportation to eliminate it; it is neither fair nor necessary and, in our opinion, it is an example of the Traffic Infractions Agency, which AARTO administers, invading the fiscal territory of the National Treasury ”.
The AA said that while there are provisions in the draft regulations that are robust, such as those related to driving in emergency lanes and misuse of licenses, there are many things that require review and reworking.
“In our opinion, the Department of Transportation should feel pressure from public opinion to put road safety before revenue collection,” AA said.
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