Fines issued by Aarto since 2008 are under scrutiny as their legitimacy comes into question
Fines distributed by mail under the Aarto (Administrative Adjudication of Road Traffic Offences) Act since 2008 have come into question after a ruling in the North Gauteng High Court on 24 February 2017. It appears that fines sent out were not distributed through the correct channel. Fines and other documents have to be served through registered mail – Aarto failed to comply with this mandate. Fines 4 U and Audi Centre Johannesburg won a ruling that allows for 415 infringements to be scrapped due to the correct procedure not being followed. This opens the door to members of the public who believe that similar procedure was not followed in the issuing of their fines.
Outa (Organisation Undoing Tax Abuse) insists that the fines were being issued as a revenue generating stream. Traffic authorities have blamed the Post Office for its inefficiency, however the judge ruled that proper conduct needs to be adhered to in the distribution of fines. The ruling is only effective in the case mentioned between Fines 4 U, Audi Centre Johannesburg and the Road Traffic Infringement Agency. Members of the public who believe they may have been treated similarly are urged to seek representation and take the matter to court.
Aarto has only been implemented in Johannesburg and Pretoria, so other areas are not affected by this ruling.
For more on this read the full ruling here.