Municipalities could avoid losing millions in speeding fines to Aarto — but you will still get demerit points

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Even under Aarto, South Africa’s separation of powers legislation should allow municipalities to collect fines for traffic violations, but they will have to apply the controversial points-demerit system at the same time.

Municipalities should still be able to collect fines for some traffic violations once the Administrative Adjudication of Road Traffic Offences Act comes into effect.

However, according to Duvenage, the separation of powers still gives a municipality the right to manage its own traffic violations, from processing them to the collection of revenue. Duvenage explained that municipalities could refuse to allow the RTIA to manage their traffic violations collection process, on the basis that:The municipality does not have to relinquish their revenue or part thereof to the national authority.

“There is a national competence that needs to apply, for instance, when it comes to road signage standardisation or a traffic violations points-demerit system, the municipalities need to adhere to the national authority,” Duvenage said.

 

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