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The Administrative Adjudication of Road Traffic Offences (AARTO) Act is expected to play a role in changing the behaviour of South Africa’s road users for the better.

“More than 12 000 road users perish on our roads annually. AARTO will play a critical role in changing the behaviour of road users for the better. We all need to strive towards zero fatalities in our roads. One road death is one too many,” says Monde Mkalipi.

Mkalipi is the spokesperson of the Road Traffic Infringement Agency (RTIA) which has been given the mandate to continue with the implementation of the AARTO Act.

This comes after the Constitutional Court confirmed the legality and validity of the Act and the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019.

Government has welcomed the July judgement on the constitutionality challenge brought by civil action group, OUTA (Organisation Undoing Tax Abuse). The OUTA brought an application calling on the highest court in the land to confirm the Pretoria High Court’s 2022 judgement which found the AARTO legislation to be unconstitutional and invalid.

According to OUTA, 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.”

However, in its judgement, the Constitutional Court disagreed. In welcoming the court’s July judgement, Transport Minister Sindisiwe Chikunga said the ruling affirms government’s long-held view that this is a necessary law to advance the state’s efforts in arresting the carnage on the country’s roads.

The Minister said the implementation of this law across the country has been pending for 25 years, with pilots in place in the Cities of Johannesburg and Tshwane.

The Amendment Act intends to establish and administer rehabilitation programmes; to provide for the apportionment of penalties; to provide for the establishment of the Appeals Tribunal and add to the functions of the RTIA among others.

Speaking to SAnews, Mkalipi added that it is government’s long held view that AARTO is a necessary road safety intervention to curb fatalities.

How it will work

The ruling paves the way to penalise drivers and operators of motor vehicles who are guilty of traffic or road infringements through a system of demerit points, which may result in the suspension or cancellation of driving licences.

Chikunga said government would move with speed with the implementation of the demerit system which is an important cornerstone of the AARTO Act.  The system will involve demerit points being allocated according to the severity of infringements committed.

The AARTO Act provides for a system whereby a person, operator or juristic person who is not an operator, pays the penalty and incurs points when a traffic infringement is committed.

Under the demerit system, vehicles are not punished by the system, but the operator /juristic person is held responsible for the use of the vehicle.

Upon implementation of the demerit system, everyone will commence with zero points.

A 2020 government gazette details the Schedule 3 demerit points and penalties and according to the document, an offender will receive a penalty, and in addition to the penalty, the offender also receives demerit points to the specific infringement or offence.

If the demerit points exceed the maximum 15 points, a person, operator or juristic person who is not an operator will be disqualified from driving or using the vehicle for three months for every point surpassing the 15 points.

According to the gazette’s Explanatory Memorandum on Schedule 3 demerit points and penalties, points for offences and infringements range between one and six.

If demerit points are allocated to a person or vehicle and no further demerit points are accrued in three months after receiving the previous demerit point, a reduction of one point on the total number of demerit points will be recorded on the system.

A person's driving licence card and the operator card of a motor vehicle must be handed in for the disqualification period. Upon a third disqualification, the licence will be cancelled.

This then means that an individual must apply for a new learner's licence and driving licence once the disqualification period ends.

Clarity on function

The judgement provides clarity on Schedule 4 matters of concurrent function between the national and provincial sphere as well as on Schedule 5.

Schedule 4 of the Constitution lists the functional areas in which Parliament and the provincial legislatures jointly have the right to make laws. Schedule 5 of the Constitution lists the functional areas in which only the provincial legislatures may make laws.

Mkalipi clarifies that the AARTO Act will by no means displace national and provincial laws and municipal bylaws.

“But [it] will rather encourage compliance with these laws. Voluntary compliance with traffic laws is the new culture AARTO seeks to instil among our road users.”

Compliance

As an entity of the Department of Transport which is mandated with assisting motorists in managing and resolving AARTO fines, the RTIA says the AARTO seeks to encourage compliance with road traffic laws.

“It is our hope that [the] reduction in traffic violations will automatically also result in reduction of road crashes, injuries and fatalities,” he said.

The agency offers road users the various legislated AARTO elective options ranging from a 50% discount, nomination of driver in charge of vehicle, submission of representations to dispute an infringement and the request to pay in instalments.

Implementation

In addition, the agency is reviewing its AARTO Master Implementation Plan to determine the shape and form of the AARTO national rollout. Previously, the department had said implementation would follow a phased-in approach.

“Currently consultations are underway with members of the AARTO National Steering Committee who are representing various issuing authorities (national road traffic agencies, provinces and municipalities) to determine the most feasible way to kick-start the AARTO national rollout,” said Mkalipi.

At a recent media briefing, Chikunga said motorists can expect the nationwide full implementation of the AARTO Act in July 2024.

The agency said the testing of the implementation of the AARTO Act in Gauteng’s Tshwane and Johannesburg in 2008, has provided a firm commitment that the agency is ready to rollout AARTO throughout the country.

While the agency continues to engage with stakeholders to ensure that they have a thorough understanding of how the act and its amendment will work, it will also continue educating road users on the legislation and its implications for those who do not comply.

While there has been some sentiment that the AARTO will be hard to implement, the RTIA is of a different view.

“With the eagerness to rollout AARTO by various partners, the RTIA strongly believes the AARTO rollout will be a great success. As we speak, we have the NaTIS [National Administration Traffic Information System] that is active in all municipalities across the country. Since AARTO is a highly automated system, the RTIA should be able to rollout AARTO with existing network on the NaTIS.

“We have prepared so well for the implementation of AARTO which includes the Points Demerit System and the Rehabilitation programme. All these elements of AARTO are being packaged for automation and loading into the NaTIS,” Mkalipi explained.

The rehabilitation programme will see habitual infringers who have their licenses cancelled, attending rehabilitation programmes to be allowed back into the driving fold. –SAnews.gov.za

The Special Investigating Unit will probe allegations of maladministration in the Office of the Premier of KwaZulu-Natal related to the appointment of a consultant to support the province’s six priority programmes.

The unit was authorised to investigate the office by a proclamation signed by President Cyril Ramaphosa.

“The investigation will also look to see if there was any unauthorised, irregular, or fruitless and wasteful expenditure incurred by the Office of the Premier in KZN, or losses suffered by the Provincial Office or the State.

“Furthermore, the SIU will seek to establish whether there was any irregular, improper or unlawful conduct by the contractors, employees, or officials of the Office of the Premier and the suppliers, service providers, or any other person or entity,” the unit said.

The SIU said the investigation will cover the period between April 2007 and 29 July 2023.

“In addition to investigating maladministration and malpractice, the SIU will also identify failures, and will also make systematic recommendations to improve measures to prevent future losses.

“The SIU is empowered to institute civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during its investigations caused by acts of corruption, fraud, or maladministration. In line with the Special Investigating Units and Special Tribunals Act 74 of 1996, the SIU will refer any evidence pointing to criminal conduct it uncovers to the National Prosecuting Authority (NPA) for further action,” the SIU said. – SAnews.gov.za

President Cyril Ramaphosa has welcomed the review report of the National Development Plan (NDP) presented by the National Planning Commission (NPC) on Tuesday, at the Union Buildings, in Tshwane. 

The NPC briefed the President about their findings having reviewed the country’s progress against the objectives and targets of the National Development Plan: Vision 2030 (NDP) in the past decade. 

President Ramaphosa said that the 10 Year Review of the NDP will help in identifying the underlying challenges that hinder the state and its social partners from achieving greater progress effectively.

“The 10 Year Review of the NDP will assist us in identifying the systemic issues that limit the effectiveness of the state and its social partners in making greater progress. We need to be able to plan better, to integrate and coordinate the work of different departments and institutions, and to ensure that we are using our limited resources most effectively.

“It is important that the State has the capacity to meet its developmental responsibilities, that it is appropriately structured that has the right people in the right places with the appropriate skills and ethos,” President Ramaphosa said.

President Ramaphosa committed his administration’s support to the commission and to ensure that the proposals presented are incorporated into government across all departments and spheres. 

The President further underscored the importance of strong leadership and partnership with labour, civil society, communities and business in effecting the envisaged change. 

The NDP, which was drafted by the first Commission in the 2010-2012 period and adopted by all parties represented in Parliament in 2012, is the long-term plan for national development. It provides guidance for all Government policy formulation and implementation. 

In this regard, government uses the Medium-Term Strategic Framework in order to implement the NDP in a structured manner, across Government departments and spheres. It is also used to mobilise all South Africans to take ownership of the country’s long-term plan, its objectives, and targets.

One of the main findings made in the Ten-Year Review of the NPC was that the economy was not only failing to grow at the rate required for the objectives of NDP to materialise, but the economy was also not structured to serve the interests of all South Africans, resulting in poverty and inequality remaining extremely high and persistent. 

The report further stated that the economic, social, and spatial legacies of apartheid, inappropriate economic policies that prevent redistribution, and the hollowing out of state capacity during the state capture years continue to undermine both South Africa’s competitiveness and the potential of its people. 

The review recommended that planning be institutionalised and made a cross-cutting imperative across the state and government sector to enable the country to make the necessary progress towards the attainment of the NDP goals and targets.

“We need to embark on a course of action to get the country back on the developmental path envisaged by the Plan and place more focus on resolving key issues related to the provision of energy, addressing infrastructure backlogs including transport and freight, building state capacity, and addressing the apartheid spatial legacies,” Prof Tinyiko Maluleke, Deputy Chairperson of the Commission said. 

Minister in The Presidency responsible for Planning, Monitoring, and Evaluation and Chairperson of the Commission, Maropene Ramokgopa, said that although the country has faced various difficulties, it is crucial that the primary focus remains on achieving the goals of the NDP. 

“Despite the challenges experienced, the objectives of eliminating poverty, and reducing unemployment and inequality, which are the overarching goals of the NDP, should and must remain the country’s priority if it is to uplift the conditions of its people,” Ramokgopa said. 

The NPC is an independent planning body, comprising a diverse group of experts in various fields, appointed by the President to advise government on the country’s long-term development as contained in the National Development Plan. - SAnews.gov.za
 

The deadline for submission of public comments on the draft South African Renewable Energy Masterplan (SAREM) has been extended to 18 August 2023.

According to the Department of Mineral Resources and Energy (DMRE), the SAREM is aimed at driving the industrialisation of the renewable energy value chain.

“Over the past 18 months, the DMRE, working with industry stakeholders, experts, labour, and other government departments, produced the SAREM which articulates a vision, objectives, and an action plan for South Africa to tap into opportunities linked to the booming market for renewable energy and battery storage technologies, both domestically and globally.

“SAREM aims to leverage the rising demand to unlock the industrial and inclusive development of associated renewable energy and battery storage value chains in South Africa,” the department said.

The department published the draft masterplan for comments on Monday, 17 July. The extension follows the deadline of 31 July 2023.

Comments and inputs on the SAREM can be emailed to Mthunzi.Mangqalaza@dmre.gov.za.

Virtual townhall sessions on the SAREM are scheduled for 14 and 15 August 2023. Stakeholders must register on the links below:

• Registration link for 14 August: https://us06web.zoom.us/meeting/register/tZcrduyqrzkqEteN6DWb85z13yEHcUy2xEmb
• Registration link for 15 August: https://us06web.zoom.us/meeting/register/tZMud-uorTIvEtI0wmF1nszjR6baKXshohBJ

“The DMRE invites and encourages stakeholders to review and provide comments on the draft masterplan document to ensure that the contribution of the renewable energy and battery storage value chains is maximised in support of South Africa’s National Development Plan (NDP) objectives,” the department said. – SAnews.gov.za