The South African Local Government Association (SALGA) says it is disappointed by the North Gauteng High Court’s decision to dismiss its urgent application to halt the implementation of phase two of the Administration and Adjudication of Road Traffic Offences (AARTO) Act.
The second phase of the Act comes into effect on Tuesday.
SALGA says the court dismissed the application based on the lack of urgency, meaning the merits of the case will still be argued at a later stage.
The association maintains that the current AARTO funding model places an unfair financial burden on municipalities, which are already under severe financial pressure.
SALGA’s Sebang Motlhabi says the organisation remains committed to finding a sustainable solution.
Motlhabi says, “I must state that we are deeply disappointed with today’s outcome. The reality is that the core issues we have raised, and on which we sought relief from the court, are yet to be argued. Our legal team is preparing to take the matter further, following our engagements with them.”
AARTO scheduled to take effect from tomorrow
The AARTO Act and its Amendment Act introduce a centralised administrative system for dealing with road traffic infringements, including a points-based demerit system for drivers.
The administrative framework, which has operated in Johannesburg and Tshwane for several years, has now been extended to 62 municipalities as part of a phased national rollout.
Under the demerit system, motorists will accumulate points for traffic violations.
Drivers who exceed the prescribed threshold risk having their licences suspended and, in cases of repeated suspensions, cancelled.
Demerit points will be reduced by one point for every three months of violation-free driving.
The amended legislation also allows infringement notices to be served electronically, including by email. It further introduces rehabilitation programmes for motorists whose licences have been suspended or cancelled.
For company-owned vehicles, employers are required to appoint a designated proxy to identify the driver responsible for any traffic infringement. Failure to do so may result in penalties for the company.
Motorists who receive an infringement notice may pay the fine, arrange payment by instalments, submit a representation to dispute the infringement, or nominate another driver if applicable.
Further phases of the AARTO rollout, including expansion to an additional 151 municipalities and the full implementation of the demerit points system, are expected to take place through late 2026 and into 2027.
About the Author
