JOHANNESBURG – It has come to the attention of Justice Project South Africa that the Western Cape Provincial Parliament is to hold public hearings on the AARTO Amendment Bill in Cape Town, starting next Thursday, 15 February 2018. These hearings form part of the process before the National Council of Provinces votes on the Bill, and motorists are strongly encouraged to take the time to participate in this process.
At this stage, JPSA is not aware of any scheduled public hearings in the other eight provinces, but we will keep an eye on things and will notify the public if or when we are made aware of other events.
The AARTO Amendment Bill seeks to amend many of the current provisions of the AARTO Act, in preparation for the national implementation of the AARTO Act, whereafter the long awaited points-demerit system is expected to be introduced.
“This may sound like good news to law-abiding motorists who have grown tired of the lawlessness on our roads, but there are numerous provisions of the currently applicable AARTO Act which, along with the proposed amendments contained in the AARTO Amendment Bill will literally make your hair stand on end,” says JPSA’s chairperson, Howard Dembovsky.
“For example, the AARTO Act does not interest itself with whether you are guilty or innocent of the infringement with respect to which a traffic officer issues an infringement notice to you”.
Whereas motorists are currently permitted to elect to exercise their constitutional right to a fair trial if they believe that they are not guilty, the AARTO Amendment Bill removes this “option” and replaces it with a Tribunal which may only be approached if one makes an unsuccessful written representation. Upon such an approach, which must be made within 30 days of the adverse outcome of a representation, the fee prescribed by the Minister of Transport must be paid to the Tribunal, for it to review the decision of a representations officer.
This is by no means the sole provision in the AARTO Amendment Bill that rings the wrong kind of constitutional bells and the Bill and the existing AARTO Act are full of provisions that JPSA believes will fail to pass constitutional muster.
The public hearings in Cape Town are scheduled to be held as follows:
| DATE | TIME | VENUE | AREA |
| Thursday 15 February 2018 |
17:00 | Bellville Civic Centre Voortrekker Road |
Bellville |
| Monday 19 February 2018 |
17:00 | New Hall Solomon Tshuku Avenue Site C |
Khayelitsha |
| Tuesday 27 February 2018 |
17:00 | Mossel Bay Town Hall Marsh Street |
Mossel Bay |
| Wednesday 28 February 2018 |
17:00 | Moffat Hall Dahlia Street Mount Pleasant |
Hermanus |
| Thursday 1 March 2018 |
17:00 | Kathy Johnson Multipurpose Centre Bloekom Avenue |
Clanwilliam |
Written submissions will also be accepted and must reach Ms Shareen Niekerk (sniekerk@wcpp.gov.za), Committee Coordinator, fourth floor, Provincial Legislature Building, 7 Wale Street, Cape Town, by no later than 12:00 on Friday 30 March 2018.
You may download the AARTO Amendment Bill, 2015 as well as the currently applicable AARTO Act from http://www.wcpp.gov.za/ncop-legislation.
JPSA has also published the Western Cape Standing Committee on Transport and Public Works’ invitation and other relevant documents at https://www.jp-sa.org/wcsc-aarto/.