We want our traffic fine billions — metro police

Metropolitan police departments in Johannesburg and Tshwane aim to claim back billions of rands in fines that were channelled to the Road Traffic Infringement Agency over more than ten years, reports Rapport.

This comes after the Pretoria High Court declared the Administrative Adjudication of Road Traffic Offences (Aarto) Act and its respective amendment act unlawful and unconstitutional.

The case against the new law was brought by the Organisation Undoing Tax Abuse (Outa), a civil action group.

According to the ruling, the national government unlawfully intruded on the jurisdiction of local and provincial governments.

Speaking to Rapport, Johannesburg mayoral committee member David Tembe said that Aarto was not good for the municipality.

He said half of all traffic fine revenues were funnelled to the Road Traffic Infringement Agency (RTIA).

Johannesburg’s council will see if it can claim back this lost revenue.

Tshwane mayoral committee member Grandi Theunissen said their council also wants to see if they can claw back some of the money paid to the RTIA.

University of Pretoria public law professor Bernard Bekink explained that last week’s High Court ruling must first be confirmed by the Constitutional Court — which could take a while.

Assuming South Africa’s highest court confirms the ruling, Bekink said it would still be difficult to claim back money paid during the period when Aarto was in force.

Such rulings are not retroactive, except under exceptional circumstances, stated Bekink.

The RTIA was in the middle of rolling out Aarto across South Africa as part of a four-phase process.

Despite the phased approach, Outa criticised the rollout as rushed and said the transport department ran roughshod over stakeholder feedback to implement Aarto.

The civil action group said Aarto was another government moneymaking scheme and had nothing to do with improving the rule of law or reducing the carnage on South Africa’s roads.

Now read: South Africa should have demerit system for driver’s licences — AA