The Constitutional Court ruled that the Artaud Act must remain in force, overturning the Pretoria High Court’s ruling that the act was invalid and unconstitutional.
ConCourt had to endorse the Supreme Court’s ruling, but Chief Justice Raymond Zondo ruled in favor of the Minister of Transport, who was the defendant in the case.
Zondo said this means that the administrative chapter in the Traffic Offenses Act (ARTO) will not be abolished, as parliament has the power to pass it.
“In a unanimous judgment written by me, the Constitutional Court has upheld the allegations made by the Minister of Transport, the Road Traffic Violations Agency. [RTIA] and the Road Traffic Management Corporation [RTMC] That the subject matter of Artaud’s Law falls within the functional area described as “Road Traffic Regulation” … which falls within the concurrent legislative competence of Parliament and Provincial Legislatures.
“This court concluded in this ruling that Parliament has the power to pass the Artaud Act,” he said.
This means that the legislation – which aims to punish traffic offences, legalize fines by mail and introduce a deficiency system that would strip repeat offenders of their licenses – will go ahead as planned.