Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Big Microsoft 365 price increases coming next year

      Big Microsoft price increases coming next year

      5 December 2025
      Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

      Vodacom to take control of Safaricom in R36-billion deal

      4 December 2025
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      BYD takes direct aim at Toyota with launch of sub-R500 000 Sealion 5 PHEV

      4 December 2025
      'Get it now': Takealot in new instant deliveries pilot

      ‘Get it now’: Takealot in new instant deliveries pilot

      4 December 2025
    • World
      Amazon and Google launch multi-cloud service for faster connectivity

      Amazon and Google launch multi-cloud service for faster connectivity

      1 December 2025
      Google makes final court plea to stop US breakup

      Google makes final court plea to stop US breakup

      21 November 2025
      Bezos unveils monster rocket: New Glenn 9x4 set to dwarf Saturn V

      Bezos unveils monster rocket: New Glenn 9×4 set to dwarf Saturn V

      21 November 2025
      Tech shares turbocharged by Nvidia's stellar earnings

      Tech shares turbocharged by stellar Nvidia earnings

      20 November 2025
      Config file blamed for Cloudflare meltdown that disrupted the web

      Config file blamed for Cloudflare meltdown that disrupted the web

      19 November 2025
    • In-depth
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
      Valve's Linux console takes aim at Microsoft's gaming empire

      Valve’s Linux console takes aim at Microsoft’s gaming empire

      13 November 2025
      iOCO's extraordinary comeback plan - Rhys Summerton

      iOCO’s extraordinary comeback plan

      28 October 2025
      Why smart glasses keep failing - no, it's not the tech - Mark Zuckerberg

      Why smart glasses keep failing – it’s not the tech

      19 October 2025
      BYD to blanket South Africa with megawatt-scale EV charging network - Stella Li

      BYD to blanket South Africa with megawatt-scale EV charging network

      16 October 2025
    • TCS
      TCS+ | How Cloud on Demand helps partners thrive in the AWS ecosystem - Odwa Ndyaluvane and Xenia Rhode

      TCS+ | How Cloud On Demand helps partners thrive in the AWS ecosystem

      4 December 2025
      TCS | MTN Group CEO Ralph Mupita on competition, AI and the future of mobile

      TCS | Ralph Mupita on competition, AI and the future of mobile

      28 November 2025
      TCS | Dominic Cull on fixing South Africa's ICT policy bottlenecks

      TCS | Dominic Cull on fixing South Africa’s ICT policy bottlenecks

      21 November 2025
      TCS | BMW CEO Peter van Binsbergen on the future of South Africa's automotive industry

      TCS | BMW CEO Peter van Binsbergen on the future of South Africa’s automotive industry

      6 November 2025
      TCS | Why Altron is building an AI factory - Bongani Andy Mabaso

      TCS | Why Altron is building an AI factory in Johannesburg

      28 October 2025
    • Opinion
      Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

      Your data, your hardware: the DIY AI revolution is coming

      20 November 2025
      Zero Carbon Charge founder Joubert Roux

      The energy revolution South Africa can’t afford to miss

      20 November 2025
      It's time for a new approach to government IT spend in South Africa - Richard Firth

      It’s time for a new approach to government IT spend in South Africa

      19 November 2025
      How South Africa's broken Rica system fuels murder and mayhem - Farhad Khan

      How South Africa’s broken Rica system fuels murder and mayhem

      10 November 2025
      South Africa's AI data centre boom risks overloading a fragile grid - Paul Colmer

      South Africa’s AI data centre boom risks overloading a fragile grid

      30 October 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Class action mulled over Aarto fines

    Class action mulled over Aarto fines

    By Antoinette Slabbert8 May 2017
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    The practice of traffic authorities blocking road users’ licence renewals due to outstanding Aarto traffic fines might become the subject of a class action.

    This comes after judge Bill Prinsloo on Friday confirmed his February ruling in favour of Audi Centre Johannesburg and its fines administrator, Fines4U, to have hundreds of fines processed in non-compliance to the Aarto Act reviewed and set aside. He dismissed the application by the Road Traffic Infringement Agency (RTIA) to appeal against the judgment.

    The Administrative Adjudication of Road Traffic Offences (Aarto) Act has been implemented in only Johannesburg and Tshwane for years. Moneyweb earlier reported that both cities are considering withdrawal from the system that is considered unaffordable and ineffective. Nevertheless, national government is proceeding to prepare a national roll-out of the system, including penalty points that could see the drivers licenses of repeat offenders suspended and even cancelled.

    Following Friday’s dismissal, the Organisation Undoing Tax Abuse (Outa) said in a statement: “Outa is compiling a class action and other legal avenues, which will compel the RTIA and relevant metros to withdraw all unlawfully processed traffic fines.”

    Moneyweb a year ago reported that millions of Aarto fines issued in Johannesburg and Tshwane might be unenforceable due to the RTIA’s failure to pay its outstanding Post Office bill. The RTIA at the time strongly denied this.

    The court heard that in adjudicating representations by road users to the RTIA to have fines cancelled, the agency’s representations officers have been following the prescripts of an internal operating manual that did not allow procedural challenges.

    The agency acknowledged in court that it failed to follow the correct procedure prescribed in the Aarto Act to process the Audi Centre fines that were before court and were issued as long ago as 2008.

    Millions of fines to other parties are similarly affected, many as a result of the RTIA’s failure to send out Aarto notices within prescribed timelines as a result of its earlier dispute with the Post Office. This affects especially millions of fines issued for speeding caught on camera.

    Prinsloo ruled in February and confirmed on Friday that the instruction in the operating manual are ultra vires, meaning the RTIA has no legal powers to deny procedural challenges.

    This leaves the door open to similarly affected road users, who regularly have to pay large amounts for outstanding fines they know nothing about and did not have an opportunity to challenge, just to be allowed to renew their drivers’ or vehicle licences.

    Outa chairman Wayne Duvenage said in a statement: “It is clear to Outa that the traffic infringement authorities have not applied themselves in accordance with the legal processes and regulations under the Aarto Act, as required by law, from as far back as 2008.”

    He said that in the light of the judgment, the public now has every right to challenge authorities refusing to renew vehicle and drivers licences, where enforcement orders are in place, as a result of traffic fines illegally issued in Johannesburg and Tshwane.

    Duvenage emphasised that Outa does not support the idea of unlawful conduct on the roads.

    Howard Dembovsky, national chairman of Justice Project South Africa, said the RTIA adopted an attitude of “the end justifies the means” from the outset of the current experimental implementation of the Aarto Act in Johannesburg and Tshwane.

    Freedom Front Plus MP Anton Alberts, who has been following the controversy around Aarto closely, said it was clear that Aarto was a failure and should be scrapped completely.

    He said the key issue was that road users were denied the opportunity to defend themselves due to procedural failures.

    He said because of the failure of Aarto, the roads were less safe as road users transgress with impunity since they cannot be brought to book properly.

    Alberts said all procedurally flawed fines should be cancelled and that would include instances where:

    • The notification of the fine was not issued within 40 days of the alleged transgression;
    • Notices were not sent by registered post or issued to the alleged transgressor in person;
    • Fines referred to the RTIA were not processed;
    • Alleged transgressors elected to be tried in court, but the cases were not heard speedily;
    • Alleged transgressors failed to respond to infringement notices and the RTIA failed to issue a courtesy letter within 64 days;
    • Alleged transgressors failed to respond to courtesy letters and the RTIA failed to issue an enforcement order;
    • The RTIA failed to process representations; and
    • The RTIA was inconsistent in its response to similar representations relating to similar circumstances.

    The RTIA may still petition the Supreme Court of Appeal for permission to appeal against Prinsloo’s judgment.

    Owner of Fines4U Cornelia van Niekerk welcomed the ruling. She said since the ruling in February the RTIA has stopped processing any of her submissions. If this continues, she might have to approach the court again to compel the agency to fulfil its legislative mandate, she said.

    Prinsloo also found that the RTIA was biased in its consideration of representations made by Fines4U.

    • This article was originally published on Moneyweb and is used here with permission


    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleGo ahead and date your digital assistant
    Next Article ‘I blew it’ on tech: Warren Buffett

    Related Posts

    Big Microsoft 365 price increases coming next year

    Big Microsoft price increases coming next year

    5 December 2025
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

    Vodacom to take control of Safaricom in R36-billion deal

    4 December 2025
    Company News
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Telcos are sitting on a data gold mine - but few know what do with it - Phillip du Plessis

    Telcos are sitting on a data gold mine – but few know what do with it

    4 December 2025
    Unlock smarter computing with your surface Copilot+ PC

    Unlock smarter computing with your Surface Copilot+ PC

    4 December 2025
    Opinion
    Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

    Your data, your hardware: the DIY AI revolution is coming

    20 November 2025
    Zero Carbon Charge founder Joubert Roux

    The energy revolution South Africa can’t afford to miss

    20 November 2025
    It's time for a new approach to government IT spend in South Africa - Richard Firth

    It’s time for a new approach to government IT spend in South Africa

    19 November 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Big Microsoft 365 price increases coming next year

    Big Microsoft price increases coming next year

    5 December 2025
    AI is not a technology problem - iqbusiness

    AI is not a technology problem – iqbusiness

    5 December 2025
    Vodacom to take control of Safaricom in R36-billion deal - Shameel Joosub

    Vodacom to take control of Safaricom in R36-billion deal

    4 December 2025
    Black Friday goes digital in South Africa as online spending surges to record high

    Black Friday goes digital in South Africa as online spending surges to record high

    4 December 2025
    © 2009 - 2025 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}