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Support needed to challenge AARTO Amendment Act in court

Dembovsky has been challenging the implementation of the Amendment Act through litigation since April 2018. For him to achieve this he needs the general public to rally behind him.

Justice Project South Africa (NPC) chairperson, Howard Dembovsky is appealing for more support in his quest to interdict the implementation of Administrative Adjudication of Road Traffic Offences (AARTO) Amendment Act 4 of 2019.

The controversial AARTO Act was introduced 11 years ago by government to ‘enforce road safety’.

The Act aims to penalise drivers who are guilty of infringements or offences through the imposition of demerit points, leading among other to the suspension and cancellation of drivers’ licences.

However, Dembovsky has been challenging the implementation of the Amendment Act through litigation since April 2018. For him to achieve this he needs the general public to rally behind him.

“I have kept my personal litigation concerning the constitutionality and legality of road traffic law and how it is enforced relatively low-key. Since the matter is now ripe for hearing and is merely waiting for [a date for] a full court hearing in the Gauteng Division of the High Court, I have now broken that silence. It is my hope that the matter will be decided before the planned national implementation of the AARTO Amendment Act, but it is looking increasingly likely that I will have to interdict it because this almost two-year-old litigation is not likely to be finally decided before June 2020,” he said.

“Time is running out. June is less than four months away and if the AARTO Amendment Act is implemented nationally, I have little doubt government will try to convince the Courts that, just like the case was with e-tolls. Once scrambled, an egg cannot be unscrambled. After all, hyenas never change their spots, now do they?” Dembovsky stated.

He also emphasised that he wasn’t expecting everyone to agree with his assertions regarding the constitutional ‘invalidity’ of the AARTO Amendment Act. “What I am saying is that to agree or disagree, everyone needs to be well informed,” he explained, referring prospective supporters to his website (https://aarto.co.za) which he believes will equip them with basic knowledge in order to make an informed decision on whether to support him or not.

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