Faizel Patel - 06/02/2020
The Justice Project South Africa (JPSA) says the newly amended Aarto Act would impact negatively on drivers, presuming them guilty until they prove themselves innocent.
The organization’s Howard Dembovsky is challenging the constitutionality of the act in court in his personal capacity.
While the act has been given the green light by Parliament and is expected to be implemented on 1 June countrywide, there has been no official announcement or proclamation signed by President Cyril Ramaphosa.
Speaking to Radio Islam, Dembovksy says the foundations of the Aarto act are very clear, everyone is guilty until proven innocent.
Dembovsky says that motorists would be judged on a demerit points system in the absence of a trial, which could result in the suspension of their licences.
“That is one of the foundational issues that I am attacking in the High Court in Pretoria. The fact is, it is for the court to proclaim whether I am right whether my opponents are right.”
Demovksy says the Aarto act will possibly create an opportunity for traffic officials to force drivers to pay a bribe.
“You don’t really have to have a degree in quantum science to figure out that there is going to be a far greater incentive for persons who do violate provisions of traffic law to engage in corrupt activities and similarly for the traffic officers themselves to engage in that activity.”
Dembovksy says his attack is on foundational provisions of the Aarto amendment in order to halt the national rollout.
Listen to the interview with Howard Dembovsky