South Africa’s expanded Administrative Adjudication of Road Traffic Offences (AARTO) system is facing renewed criticism, with civil society groups warning that motorists could receive fines and demerit points for traffic offences they never committed.
The Organisation Undoing Tax Abuse (OUTA) has cautioned that common issues such as cloned number plates and outdated vehicle registration records may expose innocent drivers to penalties once the next phase of AARTO is fully implemented.
According to OUTA Chief Executive Officer Wayne Duvenage, number plate cloning remains a widespread problem in South Africa. If a cloned vehicle is involved in a traffic offence, or if ownership records are not updated after a vehicle is sold, the registered owner could receive infringement notices and demerit points despite having no involvement in the offence.
Duvenage warned that these errors could have serious consequences, particularly for professional drivers, sales representatives and others whose employment depends on maintaining a valid driving record.
The South African government officially announced that Phase Two of AARTO would expand to 62 municipalities from 1 July 2026, significantly extending the country’s new administrative traffic enforcement system.
OUTA challenges rollout over legal safeguards
Following the government’s proclamation, OUTA filed an urgent application in the High Court seeking to suspend the implementation of the second phase.
The organisation argues that government proceeded with the rollout before establishing all the legal safeguards required by the legislation, particularly the independent Appeals Tribunal responsible for hearing motorists’ disputes.
OUTA Executive Director Advocate Stefanie Fick said motorists are effectively being subjected to enforcement measures before being provided with the independent appeal mechanism intended to protect their rights.
According to the organisation, government has a constitutional obligation to ensure that alternative legal remedies created by Parliament are fully operational before restricting existing ones.
OUTA maintains that the absence of a functioning Appeals Tribunal could leave motorists with limited options to challenge incorrect fines or demerit points resulting from administrative errors or fraudulent activities such as number plate cloning.
Municipalities also question AARTO funding model
Opposition to the rollout has also come from local government.
The South African Local Government Association (SALGA) filed its own urgent High Court application shortly before the implementation date, arguing that the financial framework supporting AARTO places an unfair burden on municipalities.
SALGA said many municipalities are already operating under severe financial pressure and warned that the current funding model would require local governments to spend more on implementing AARTO than they are likely to recover through the system.
The association argued that this could divert funding away from essential municipal services while providing no sustainable mechanism to finance implementation.
SALGA also criticised what it described as insufficient consultation with municipalities despite repeated engagements with the Department of Transport.
However, the Pretoria High Court dismissed the urgent application on 30 June 2026, finding that the matter lacked sufficient urgency. The court did not rule on the substance of the case, meaning the legal issues surrounding AARTO’s implementation will still be considered during future proceedings.
SALGA Public Transport and Roads Working Group chairperson Sebang Motlhabi said the organisation remained committed to pursuing the matter through the courts, arguing that the key concerns regarding the legislation have yet to be resolved.
The ongoing legal challenges mean that while AARTO continues to expand across South Africa, debate over its implementation, legal safeguards and financial impact is likely to continue.
Source: BusinessTech