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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1292
Experience:  BCom; LLB; Masters in Law
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JJ. I was issued with an AARTO 33, notice of summons, and

Customer Question

Hi JJ. I was issued with an AARTO 33, notice of summons, and was wondering of there was any way to resolve this without going to court? I was doing 108 in a 60 zone.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

Although the AARTO 33 document has not been legally proclaimed for use in the AARTO Act, it is currently being used to notify alleged offenders of pending criminal matters against them and takes the place of a Section 341 notice under the Criminal Procedure Act.

If you receive one of these notices, you are not allowed to exercise any of the "options" like making a representation or nominating the driver. This is because the AARTO Act only makes provision for the exercise of options on minor infringements.

Receiving an AARTO 33 is a very serious matter indeed, due to the fact that it will only be issued if you are alleged to have committed a criminal offence.

Please note the following important points with respect to an AARTO 33:

  1. You may not make representation on an AARTO 08 form;
  2. You may not nominate the driver on an AARTO 07 form;
  3. You may not approach the public prosecutor on the strength of an AARTO 33;
  4. You must await the summons to be issued and served on you;
  5. You will have to appear in court on the date on the summons;
  6. If you were not the driver, you may inform the public prosecutor once you have received the summons;
  7. If you are found guilty of the alleged offence in court, you will incur a criminal record;
  8. Simply agreeing to plead guilty and/or paying an admission of guilt fine is equivalent to being found guilty by the court and you will still incur a criminal record;
  9. You are advised to retain legal representation once you have been summonsed;
  10. If you cannot afford legal representation, you may apply for legal aid at the expense of the State in line with the Constitution of the Republic of South Africa;

So ... unfortunately not, you're going to have to go to Court, either on the day mentioned in the AARTO 33 notice, or on the summons if one is delivered to you.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

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Good luck and best regards,

CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw