Organisation Undoing Tax Abuse v Minister of Transport and Others (CCT 19/22) [2023] ZACC 24

14th July 2023

Organisation Undoing Tax Abuse v Minister of Transport and Others (CCT 19/22) [2023] ZACC 24

Click here to read the full judgment on Saflii

On appeal against, and, application for confirmation of, an order of constitutional invalidity granted by the Gauteng Division of the High Court, Pretoria, the following order is made:

1.  The order made by the Gauteng Division of the High Court, Pretoria, declaring the Administrative Adjudication of Road Traffic Offences Act 46 of 1998 and the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019 inconsistent with the Constitution and invalid is not confirmed.

2.  The appeal against the order of the High Court referred to in paragraph 1 above is upheld and the order of the High Court is hereby set aside and replaced with the following:

“The application is dismissed with no order as to costs.”

3.  Section 30 of the Administrative Adjudication of Road Traffic Offences Act 46 of 1998, once amended by section 17 of the Administrative Adjudication of Road Traffic Offences Amendment Act 4 of 2019, will not be inconsistent with the Constitution to the extent that it will permit service of notices and documents by modes of service other than personal service or service by registered mail.

4.  There is no order as to costs.