Latest news with #AmendmentAct
The Citizen
7 days ago
- Automotive
- The Citizen
Aarto implementation date of 1 December ‘still tentative'
Is your municipality one of the 69? Serial offenders will be at risk of losing their driver's licences. Picture: Moneyweb Road Traffic Infringement Agency (RTIA) spokesperson Monde Mkalipi says the 1 December date for implementing the Administrative Adjudication of Road Traffic Offences (Aarto) Amendment Act in 69 municipalities countrywide, and the names of those municipalities, is still tentative. The current list of municipalities – which you can view here – includes all the metro councils and the larger towns and cities in all provinces. The RTIA, an agency of the Department of Transport (DoT), administers the Aarto Act and its amended version. It became operational in 2010 but the RTIA has been unable to implement parts of Aarto beyond Johannesburg and Tshwane. Several deadlines for countrywide implementation have been missed and postponed. The Aarto Amendment Act, which was presented as making necessary changes to enable countrywide implementation, has been signed by President Cyril Ramaphosa, but he has yet to promulgate the date on which it becomes operational. Before that can happen, he must also appoint an Appeals Board as required by the act. ALSO READ: Aarto demerit points system to be implemented by mid-2025 – Nada Confusion around timing Confusion followed Deputy Minister of Transport Mkhuleko Hlengwa's announcement during his budget speech earlier this month that Aarto will be implemented in 69 municipalities on 1 October and the other 144 on 1 February next year. His speech has since been 'corrected' on the DoT website to change the October date to 1 December. The February date for the final roll-out remains unchanged. However, Mkalipi says there will only be certainty once the promulgation has been made and announced in the Government Gazette. He says consultation must still be finalised, 'including with the municipalities'. Hlengwa's published statement now reads that Aarto 'will be rolled out in different phases according to municipal readiness from 1 December 2025 for the 69 municipalities that are ready for the rollout'. 'This is Phase 2 of the Aarto rollout programme, while Phase 3 will be rolled out on 1 February 2026 for the 144 municipalities that will only be ready then.' ALSO READ: Driving licence points demerit system still 'a long way off' The legislation has been in operation in Tshwane and Johannesburg since 2008. Still, the points demerit system provided for in the legislation will only be operational once Aarto is in effect countrywide. This will constitute the fourth and final stage, says Mkalipi. Once the act is in full operation, serial offenders will be at risk of losing their driver's licences if they exceed a certain number of demerit points and fail to mend their ways. If the rollout progresses according to the deputy minister's target dates, it will only be after a long series of false starts. Initially, municipalities and other stakeholders expressed considerable resistance, often accompanied by threats of litigation. There were also concerns about the readiness of municipalities to administer the complex system. Some of the concerns seem to have been addressed in the Amendment Act – and Hlengwa seems confident that the 69 municipalities are now ready for implementation on 1 December. ALSO READ: RTIA says Aarto Act implementation will increase municipalities' income 'No point without points demerits' JP Smith, Cape Town MMC for safety and security, says the city will have no choice but to implement Aarto if it is included in the proclamation. However, he is very critical of its implementation without the points demerit system. 'This is the only useful part of the act. Implementing without it will be an impediment to law enforcement. 'It is like me giving you an ice cream, but I only hand you the cone.' Smith says the city is relying on the fact that it can still use its current bylaw to prosecute traffic transgressions. ALSO READ: Court misconstrued Aarto Act when declaring it unconstitutional, says RTMC Unresolved issues Gavin Kelly, CEO of the Road Freight Association, says much discussion still needs to happen before the Aarto Amendment Act can be implemented. 'We sent a lot of comments when new regulations were issued for comment in 2019, and they haven't come back to us about it. Maybe they will go ahead anyway,' he says. The points demerit system is the essence of Aarto. Kelly says implementing without it will change how municipalities issue contravention notices. 'If the authorities start issuing Aarto paperwork, they will still be accountable in court if they don't follow due process – and we don't see that [due process] in Johannesburg and Tshwane.' He says issues about how vehicle fleets are dealt with in the Aarto process, including attaching points to vehicles, have not been resolved. ALSO READ: Like it or not, demerit points are coming 'You cannot change the behaviour of vehicles. You must change the behaviour of drivers.' Kelly says the authorities are trying to make money by, for example, charging fees to access the status on the points demerit system. 'In other countries, anybody can at any time access the points free of charge.' Employers must also be allowed to see how many points have been awarded against their drivers, but with the fees that have been proposed 'some companies will go bankrupt by paying access fees'. Advocate Stefanie Fick, executive director for accountability at Organisation Undoing Tax Abuse, says transitional measures must be published to guide stakeholders when the Aarto Amendment Act becomes operational, and regulations governing the act must determine how it will operate. This article was republished from Moneyweb. Read the original here.
Time of India
12-07-2025
- Business
- Time of India
Gujarat high court quashes criminal complaint against company for defaulting on CSR responsibilities
Ahmedabad: The Gujarat high court quashed a criminal complaint filed by the registrar of companies (ROC) against a company on charges of non-compliance with corporate social responsibility (CSR) rules, specifically for inadequate disclosure and under-expenditure on CSR activities. Acknowledging the shift in legislative approach, the HC quashed the complaint and referred the issue to the adjudicating authority to fix the penalty on the company. This decision came after the central govt in 2020 amended the Companies Act, decriminalising the offence and reducing the punishment to a fine. In this case, the ROC filed a complaint under the Companies Act in a city court in 2017 against KHS Machinery Pvt Ltd for defaulting on its CSR obligations for the financial year 2014-15. The principal district judge initiated proceedings against the company. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad The company approached the HC in 2017, alleging that the ROC filed the complaint "with an ulterior motive and in abuse of the process of law". The company contended that it constituted a CSR committee and framed its own CSR policy in accordance with the statutory mandate. In line with its CSR obligations, the company began spending amounts towards social causes as stipulated in its CSR policy. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Các chỉ số toàn cầu đang biến động — Đã đến lúc giao dịch! IC Markets Tìm hiểu thêm Undo All relevant disclosures were duly made in the Board of Directors' Report in compliance with Section 134(3)(o) of the Companies Act. Still, the ROC filed the complaint. The quashing petition was pending since 2017. When it came up for hearing, the company contended that the case pertained to Section 134(8) of the Companies Act and the said offence was decriminalised in 2020, with the punishment reduced to a fine. It prayed that the benefit of reduction in punishment should be given with retrospective effect. It also cited a Supreme Court order in this regard. After hearing the case, Justice J C Doshi quashed the complaint and ordered the issue to be sent to the authority concerned for fixing the penalty. The HC stated, "Evidently, the benefit of decriminalisation of the offence ought to ensure to the benefit of the petitioner, in as much as the Amendment Act passed by the central govt has decriminalised the punishment in cases pertaining to CSR violations and reduced the consequences to the imposition of a fine only. There appears to be no justifiable reason to deny the retrospective benefit of such decriminalisation to the petitioner–accused."
The South African
07-07-2025
- Automotive
- The South African
New AARTO demerit point system gets an official launch date
Deputy Minister of Transport Mkhuleko Hlengwa has confirmed that the long-awaited Administrative Adjudication of Road Traffic Offences (AARTO) system will be implemented in 69 municipalities from 1 October 2025. Delivering his Budget Vote speech on last week, Hlengwa said these municipalities are prepared to roll out the system, while the remaining 144 municipalities – not yet ready – will implement AARTO in February 2026. At the time of publishing it remains unclear which municipalities fall into those scheduled to start this year – and next. 'The AARTO will be rolled out in different phases according to municipal readiness,' Hlengwa explained. 'This is phase 2 of the AARTO rollout programme, while phase 3 will begin on 1 February 2026.' The phased implementation follows years of delays, legal battles, and public confusion, including recent fake news reports in June claiming the system was being rolled out nationally – misinformation traced back to an online disinformation campaign using AI-generated content. Citing research that over 80% of road crashes are due to human error, Hlengwa said AARTO is central to government's strategy to change motorist behaviour. At the heart of AARTO is a demerit point system , which penalises drivers for traffic infringements and repeat offences. The AARTO Act and its Amendment Act were both found to be constitutional and valid in July 2023, clearing the legal path for implementation. Although a national rollout was initially scheduled for 1 July 2024, technical and logistical challenges pushed the date back. Once fully implemented: All motorists start with zero demerit points Points are added for each offence when a fine is paid or upheld Accumulating 15 points results in a licence suspension of three months per additional point results in a licence suspension of per additional point A third suspension leads to licence cancellation , requiring the driver to retake their learner's and driver's licence tests , requiring the driver to retake their learner's and driver's licence tests Points expire after three months if no further infringements occur A driver rehabilitation programme will be available to help reduce suspension periods for frequent offenders Violation Fine amount Demerit points Exceeding speed limit by 11-15km/h R250 0 Exceeding speed limit by 16-20km/h R500 1 Exceeding speed limit by 21-25km/h R750 2 Exceeding speed limit by more than 40km/h Court hearing 6 Disobeying a stop sign or traffic light R750 2 Failing to use indicators R500 1 Driving without a licence R1 250 4 Driving unregistered vehicle R1 000 3 Driving vehicle without valid licence disc R1 000 3 Driving vehicle with one number plate R500 2 Driving vehicle without number plates Court hearing 6 Failing to keep left R1 000 3 Failing to stop at an accident Court hearing 6 Driving under the influence Court hearing 6 Furnishing false information Court hearing 6 Following the confusion caused by false reports in June, the Road Traffic Infringement Agency (RTIA) and Department of Transport issued public warnings and clarified that official announcements will only be made via verified government platforms. 'The information being circulated about the AARTO rollout date is fake news,' the RTIA stated. 'We urge the public to rely only on official channels for updates.' With the staggered rollout now clearly defined, the Department of Transport is under pressure to deliver a transparent, efficient, and fair implementation of a system that has sparked both controversy and cautious optimism. Authorities are urging motorists to begin familiarising themselves with the AARTO system and its implications – particularly the demerit system – as South Africa moves closer to a more digitised and accountable road traffic enforcement regime. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Daily Maverick
03-07-2025
- Business
- Daily Maverick
Currency of credibility – Sarb nationalisation debate in Parliament opens a legacy hornet's nest
The SA Reserve Bank is still partly privately owned, a legacy quirk shared by only a handful of countries. Now, as Parliament reopens old calls to nationalise it, critics warn the real risk isn't who owns the shares, but whether new resolution powers and deposit insurance can protect ordinary savers – and whether the political signal could shake confidence in the rand. South Africa's central bank is an anomaly: part-private, with somewhere between 800 to 1,000 shareholders. In reality, those shareholders have no real say over monetary policy, but are largely a legacy from the early days of central banking – a relic that's survived global reform and local battles alike. That quirk has come before Parliament with public comment regarding the proposed, EFF sponsored, South African Reserve Bank Amendment Bill, which aims to nationalise the SA Reserve Bank (Sarb) – buying out its private shareholders and shifting the shares fully to the state – has resurfaced alongside the Financial Sector Laws Amendment Act, which arguably does far more to rewrite the country's bank failure rulebook. 'What is the problem with government being the sole shareholder on behalf of the 61 million people of South Africa?' asked EFF MP Omphile Maotwe during a Standing Committee on Finance hearing on 2 July 2025. 'If you say there will not be any change, so what is the problem when we want this thing to be in the state?' Old Mutual Wealth's chief investment strategist Izak Odendaal is blunt in his comment to Daily Maverick: 'The real shield for credibility isn't a share register but the constitutional guardrails that keep the Sarb's policy boring – on purpose'. That view clashes with economists and market watchers who say the real safeguard isn't who holds the shares, but whether the backstop works when it matters. What does history tell us? Dawie Roodt is an economist and a Reserve Bank shareholder, a fact that for transparency he declared to Daily Maverick. 'I use it for my work… but to be really honest, I have not been [to] an AGM for many, many years as well.' The dividend, he adds, is fixed and around R8 annually. 'Almost all central banks started off as privately owned banks,' he explains. That legacy has shifted in most countries, but not fully here. Private shareholders still appoint half the Sarb's directors, a governance guardrail Dawie believes still matters. 'I think that's a very good idea… you get this extra set of eyes. See what happened to Eskom or the Post Office – there was no private sector oversight.' New powers, old questions The deeper reform sits in the Amendment Act. It hands the Reserve Bank resolution authority status: power to step in if a bank fails, override insolvency, push through rescue or wind-down. It also launches the Corporation for Deposit Insurance (Codi), South Africa's first explicit deposit insurance fund – R20-billion funded by the banks themselves, not taxpayers. But that parachute remains untested. Odendaal argues that while Codi aligns South Africa with global norms, the real stress test is when confidence wobbles. 'A banking system runs on trust,' he told Daily Maverick. 'If that breaks, no insurance fund is big enough – so the signal from Parliament really does matter.' Defending the founding papers The Institute of Race Relations (IRR) argued a nationalisation-related point to Parliament that the Bill risks overstepping constitutional lines. '[This Bill] effectively provides for expropriation without compensation, which is not constitutional… Compensation has to be borne by agreement… No compensation can never be agreeable, and it must be just and equitable,' IRR representative Gabriel Crouse told MPs during the hearing. Treasury also raised somewhat adjacent nationalisation concerns. Chris Axelsson, Director-General for Tax and Financial Sector Policy, said during the hearing: 'The main point in terms of the amendment Bill that we are concerned about is the rights of the current shareholders… There's no recognition of what will happen if from one day they hold the shares and the next day the state owns those shares. It would be a forced takeover – like an expropriation of those shares.' He warned of 'bilateral investment treaties' that could drag South Africa into international legal fights. 'Changing the composition of ownership doesn't result in any material change in the current role of government… The current structure doesn't have any impact on the mandate and the independence of the Sarb.' For now, the cost of buying out shareholders remains unknown, but any forced expropriation could invite protracted litigation and ripple through foreign investor sentiment, a risk flagged repeatedly in hearings. Credibility is the currency For Roodt, that's the point. 'The only thing that changes is the signal – and that's not a good signal because what we have currently works very, very well,' he said. 'You don't even have to change policy. You just have to change the ownership… the market is going to lose confidence.' The myth that shareholders can steer monetary policy doesn't survive contact with how the Sarb works. 'As a shareholder, I have absolutely no say [in monetary policy]… the governor and deputy governors are presidential appointments,' Roodt said. 'The argument that shareholders influence policy is completely incorrect.' Despite the heat of the debate, no concrete timeline for the nationalisation amendment has been confirmed. Odendaal warns that drawn-out political noise alone can bleed credibility fast, even before a vote is called. Meanwhile, markets and savers watch whether the Sarb's resolution powers and its new insurance backstop can survive the first real test unscathed. The currency of credibility Odendaal's line on the real backstop remains verified: 'Deposit insurance is the parachute – don't panic, your money's safe,' he said. Odendaal says the Reserve Bank's real currency is credibility. 'You want your central bank to be dull and dependable,' he says. 'Once it becomes political theatre, you risk paying that cost in the currency.' Roodt's bigger worry is whether the Sarb stays ahead of the next wave: stablecoins, central bank digital currencies and the new money landscape. 'Money plays a crucial role in a modern economy… there are new kinds of money… the landscape could change completely,' he said. 'If the Reserve Bank doesn't stay on top of new technology… they risk becoming irrelevant.' 'Leave it as it is. If it's not broken, why fix it?' Roodt said. The test for South Africa's central bank won't be its share certificates, but whether the resolution powers, deposit backstops and credibility hold when the next wobble hits. DM
The Hindu
26-06-2025
- Politics
- The Hindu
Union government's portal for compulsory registration of Waqf properties illegal: Jawahirullah
Manithaneya Makkal Katchi president M.H. Jawahirullah on Thursday (June 26, 2025) contended that the Waqf Umeed Portal, launched by the Union government for the compulsory registration of Waqf properties, is illegal and constitutes contempt of court. In a statement, Mr. Jawahirullah said the Waqf Amendment Act, 2025, is under judicial review before the Supreme Court of India. 'Not only Muslim organisations, but also all political parties that uphold social harmony have strongly opposed the Waqf Amendment Act. On June 6, the Union government launched the Waqf Umeed Portal and began mandating the compulsory registration of Waqf properties through it. This move is entirely illegal and constitutes contempt of court.' The All India Muslim Personal Law Board has urged Waqf administrators and State Waqf Boards to refrain from registering Waqf properties through the portal until the Supreme Court delivers its judgment, as the Amendment Act itself is in violation of the Constitution, he added.
