The implementation of the Administrative Adjudication of Road Traffic Offences (Aarto) Act will not be delayed despite administrative issues that led to over R2.4 billion of fines being invalidated.
The Johannesburg Metro Police Department (JMPD) has violated section 30(1) of the Aarto Amendment Act, by sending infringement notices to drivers via normal post when the Act stipulates they have to be sent via registered mail.
Japh Chuwe, acting registrar of the Road Traffic Infringement Agency (RTIA), says service via standard mail is unlawful and invalidates these infringement notices.
However, Basil Nkhwashu, executive manager for Aarto at the Road Traffic Management Corporation (RTMC), says this has got nothing to do with the implementation of Aarto.
Despite this, organisations say this suggests Aarto is not yet viable for national rollout.
Howard Dembovsky, national chairman of Justice Project SA (JPSA), says this problem will definitely affect Aarto's implementation because it signals administrative issues that need to be addressed.
No final date has been set for implementation yet, since the RTMC will first host a stakeholder seminar on Aarto for the purposes of public consultation.
Public service
Dembovsky says the JPSA has laid an official complaint with the public protector.
“A formal complaint of abuse, non-compliance with the law and defeating the ends of justice has been laid against the JMPD, RTMC and RTIA by Justice Project SA with the public protector, on Friday, 17 June.”
Dembovsky said the JMPD has violated the Act for more than 12 months now - since 1 June 2010 - and continues to do so.
However, JMPD spokesperson Wayne Minnaar says sending infringements via normal post does not go against any Act.
“We are sending it by normal post so that it can serve the public. So the driver can see that they can pay within 32 days and get the discount.”
Section 30(1) of the Aarto Amendment Act says: “Any document required to be served on an infringer in terms of this Act, must be served on the infringer personally or sent by registered mail to his or her last known address.”
Minnaar says the Act does not, however, say the metro police are prohibited from serving a traffic fine in any other way.
“The JMPD will continue serving the public via normal post. Each and every one of these fines are valid. There's not a single fine that will be lost.”
Invalid indeed
However, Chuwe says the JMPD is not justified in sending traffic infringements via normal post. “Any justification provided is not in terms of the legal parameters provided for in the Aarto Act, 1998 (Act No 46 of 1998).”
He adds that the Act is very clear on infringement notices and so infringements sent via normal post are indeed invalidated. “When the RTIA receives representations on Aarto infringements sent via normal post, they are adjudicated and invalidated.”
The acting registrar says the Aarto process provides for interactive mechanisms where infringers can exercise their rights for any actions that they feel is illegal or invalid.
“Infringers can make representations on Aarto 08 to the RTIA or elect to go to court on Aarto 10 forms.”
Dembovsky says some authority needs to order that all affected fines are scrapped so each person who received one does not have to challenge it individually.
Chuwe did not comment on what action will be taken with the JMPD.
Public prejudice
Dembovsky said the RTIA failed in fulfilling its mandate to ensure Aarto is rolled out fairly since it abandoned its responsibility to have the JMPD comply with the Act and has, therefore, sanctioned its unlawful behaviour.
“The RTMC has washed its hands of the matter and has allowed the JMPD and RTIA to make a mockery of the Aarto Act, thereby, furthering the impression that the Aarto Act is not viable for rollout to the rest of SA.”
He adds that the full extent of the infringement notices that have been issued unlawfully is likely to amount to over R2.4 billion.
“If the JMPD, RTMC and RTIA do not begin to take their mandates seriously and learn to comply with the laws that they expect others to comply with, then there can be no doubt that Aarto will fail and people will continue to be slaughtered on our roads,” says Dembovsky.
Mervyn Cirota, Democratic Alliance shadow member of the mayoral committee for safety and security in the City of Johannesburg, also says there has been and continues to be a fatal failure in the implementation of Aarto.
”This would appear to be further compounded by the incorrect procedures being followed by JMPD when sending out notices. This now begs the question as to whether Aarto will work or not.”
United front
The JPSA also notes a complaint by government garage gFleeT to the National Prosecuting Authority on the matter.
“[We] hope that this will meet with some form of action. We are making contact with gFleeT to discuss a possible amalgamation of their matters into ours.”
With the Aarto system, drivers earn demerit points when they commit traffic offences, and this will be reflected on the National Contravention Register on eNatis. After 12 demerits are gained, a driver's licence will be suspended.
Pilot projects are being run in Johannesburg and Pretoria.
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