Current Status

The current status of the AARTO constitutionality challenge (Case No 24245/2018) is as follows:

2019/07/31

On 31 July 2019, the Applicant’s replying affidavit was filed at the Pretoria High Court. Please see this post for the full replying affidavit and its annexures.

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2019/07/30

On 30 July 2019, the Applicant’s replying affidavit was served on the opposing Respondents. It is published below: Replying affidavit (annexures appear below the replying affidavit):   Annexures to the replying affidavit.

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2019/05/06

On 6 May 2019, Cheadle Thompson & Haysom Incorporated, attorneys for the RTIA and the Registrar of the RTIA emailed a copy of the letter purporting to be the originating letter referred to at paragraph 121.2 of the Registrar’s answering affidavit received on 21 February 2019. That letter appears below:

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2019/04/29

On 29 April 2019, Madhlopa & Thenga Incorporated, attorneys for the City of Johannesburg and the Johannesburg Metropolitan Police Department served their clients’ answering affidavit on the Applicant’s attorneys of record. That answering affidavit appears below:

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2019/02/21

On 21 February 2019 Cheadle Thompson & Haysom Incorporated, attorneys for the Road Traffic Infringement Agency (“RTIA) and the Registrar of the RTIA served their clients’ answering affidavit on the Applicant’s attorneys of record. That answering affidavit appears below, in five parts, due to its prolixity:

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2019/02/05

On 5 February 2019, the answering affidavit of the South African Police Service and the Minister of Police, which appears below: was received:

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2019/02/01

On 1 February 2019, Selepe Attorneys, on behalf of the Road Traffic Management Corporation (“RTMC”), the CEO of the RTMC and the Shareholders Committee of the RTMC served their clients’ answering affidavit on the Applicant’s attorneys of record. It appears below:

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2019/01/31

On 1 January 2019, the State Attorney, acting on behalf of the Minister of Transport served the answering affidavit deposed by an Acting Deputy Director General of the Department of Transport. That affidavit appears below:

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2019/01/10

On 10 January 2019, the Deputy Judge President of the Pretoria High Court responded to Cheadle Thompson & Haysom Incorporated’s letter of 10 December 2019 thus:

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2018/12/10

On 10 December 2018, Cheadle Thompson & Haysom Incorporated emailed a new letter to the Deputy Judge President, with the Applicant’s attorneys of record in copy. That letter appears below:

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2018/12/05

On 5 December 2018, Kunene Maila Attorneys, on behalf of the City of Tshwane and the Tshwane Metropolitan Police Department served the answering affidavit directly on some of the Respondents (not their attorneys of record). Notably, the Applicant was not cited in its filing sheet and was not served with […]

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2018/12/05

On 5 December 2018 (the day on which all of the opposing Respondents’ answering affidavits were due), the Applicant’s attorneys of record received a letter from Cheadle Thompson & Haysom Incorporated via email, which was addressed to the Honourable Deputy Judge President of the Pretoria High Court, Mr Justice Ledwaba with the Applicant […]

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2018/12/04

On Wednesday 4 December 2018, one before the answering affidavits of its clients were due, the Applicant’s attorneys of record received a letter from Madhlopa & Thenga Incorporated, informing them that their clients’ answering affidavits would not be served on or before 5 December 2018 and asking for an indulgence until […]

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2018/12/03

On Tuesday 3 December 2018, two days before the answering affidavits of its clients were due, the Applicant’s attorneys of record received a letter from State Attorney informing them that his clients’ answering affidavits would not be served on or before 5 December 2018 and asking for an indulgence until 31 […]

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2018/09/11

Following the letter from the Applicant’s attorneys to the opposing Respondents’ various attorneys, several dates were proposed for a meeting with the Deputy Judge President of the Pretoria High Court. Without exception, several meeting dates in August and September were rejected by the attorneys for the RTIA and the Registrar of the […]

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2018/07/30

On the 30th of July (three and a half months late), Madhlopa Incorporated filed notice of intention to oppose on behalf of the Ninth Respondent (Johannesburg Metropolitan Police Department).

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2018/05/18

On 18 May 2018 (14 calendar days late), the Applicant’s attorneys received a letter from Cheadle Thompson & Haysom Inc. Attorneys, acting on behalf of the Third Respondent (Road Traffic Infringement Agency) and the Fourth Respondent (Registrar of the Road Traffic Infringement Agency). Amongst other things, that letter stated that the […]

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2018/07/10

On 10 July 2018 (3 months late), Kunene Maila Attorneys filed notice of intention to oppose on behalf of the Ninth Respondent (City of Tshwane Metropolitan Municipality) and the Tenth Respondent (Tshwane Metropolitan Police Department).

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2018/05/24

On 24 May 2018, the Applicant’s attorneys, after consulting with Counsel, addressed a letter to Cheadle Thompson & Haysom Inc., Selepe Attorneys, the State Attorney and Madhlope Inc. addressing the letter sent by Cheadle Thompson & Haysom Inc. and informing all parties that “it is prudent and necessary to approach the Deputy Judge President […]

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2018/05/16

On the 16th of May 2018 (12 calendar days late), Madhlopa Incorporated filed notice of intention to oppose on behalf of the Eighth Respondent (City of Johannesburg).

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2018/05/15

On 15 May 2018 (11 calendar days late), the State Attorney filed a notice of intention to oppose on behalf of: The First Respondent (Minister of Transport); The Fourteenth Respondent (National Commissioner of Police); and The Fifteenth Respondent (Minister of Police).

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2018/05/04

On 4 May 2018, Selepe Attorneys, acting on behalf of the Fifth Respondent (Road Traffic Management Corporation) and the Sixth Respondent (Chief Executive Officer of the Road Traffic Management Corporation) wrote a letter to the Applicant’s attorneys asking for the reference number/s for the Respondents being represented by the State Attorney. […]

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2018/04/11 to 2018/04/16

Between the period spanning from 11 April 2018 to 16 April 2018, the Notice of Motion and Founding Affidavit in the matter between HD Dembovsky versus the Minister of Transport and Sixteen Others (Pretoria High Court case number 24245/2018) were served on all of the Respondents in this matter by […]

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2018/04/06

On the 6th of April 2018, the Notice of Motion and Founding Affidavit in the matter between Howard David Dembovsky versus the Minister of Transport and Sixteen Others was filed in the Pretoria High Court under case number 24245/2018.

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If you, like the Registrar of the RTIA think that there is anything untoward about publishing pleadings filed in Court papers in motion applications, kindly refer to paragraph 47 in the Supreme Court of Appeal judgement in the matter between the City of Cape Town v South African National Roads Authority Limited and Others (20786/2014) [2015] ZASCA 58; 2015 (3) SA 386 (SCA); [2015] 2 All SA 517 (SCA); 2015 (5) BCLR 560 (SCA) (30 March 2015), or to this article.