Aarto ‘demerit system’ declared unconstitutional and invalid

Johannesburg – The Administrative Adjudication of Road Traffic Offences (Aarto) Acts has been declared invalid and unconstitutional by the Pretoria High Court on Thursday morning.

The Transport Department implemented phase one of the system in July 2021.


The act outlines that drivers should be penalised for speeding, ignoring road signs, and running red lights.

In response, the Organisation Undoing Tax Abuse (Outa) challenged the constitutional legitimacy of the Act and requested that the court declares both the main Act and the amendment Act unconstitutional in October 2021.

Judge Annali Basson has ruled in favour of Outa and agreed with its position declared the entire Act and its amendments invalid.

Also read: New driver’s licence card machine to be presented to cabinet

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