The constitutionality of South Africa’s strict new driving laws is now in the hands of the Constitutional Court.
Most of the Aarto laws already apply in the City of Johannesburg and the City of Tshwane – excluding the demerit system linked to driving licences – but not in the rest of South Africa. The Aarto Amendment Act was intended to roll the law out across the country and add the demerit system.
The minister of transport, the Road Traffic Authority and the Road Traffic Management Corporation opposed the ruling, arguing that all matters dealing with Aarto and the Amendment Act fall within ‘road traffic regulation’, which they argued falls within the concurrent legislative competence of both Parliament and provincial governments.
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