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Saturday, January 17, 2026

Court finds AARTO unconstitutional and invalid

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The Pretoria High Court has declared the Aarto Amendment Act, on which the planned demerit system for traffic offences is based, unconstitutional and invalid.

The Organisation Undoing Tax Abuse (Outa) had challenged the constitutional validity of the Act.

Judge Annali Basson found in favour of Outa and agreed with the position that the legislation unlawfully intrudes upon the exclusive executive and legislative competence of the local and provincial governments envisaged in the Constitution, preventing local and provincial governments from regulating their own affairs.

Liesl Smit
Liesl Smit
Liesl is the Smile 90.4FM News Manager. She has been at Smile since 2016, with nearly 20 years experience in the radio industry, including reading news, field reporting and producing. In 2008 she won the Vodacom Journalist of the Year Award, Western Cape region. liesl@smile904.fm

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