High Court Clears Way for AARTO Phase 2 Implementation

Posted 01 July 2026 Written by Acts Online
Category Road Traffic

Brought to you by SAnews: The Gauteng Division of the High Court in Pretoria has struck from the roll an urgent application to interdict the Phase 2 rollout of the road traffic demerit system.

In terms of the Administrative Adjudication of Road Traffic Offences Act, No. 46 of 1998 (AARTO), the Road Traffic Infringement Authority (RTIA) has confirmed that the implementation of Phase 2 of the Act will proceed as scheduled on 1 July 2026. This follows the High Court’s dismissal of an urgent application brought by the South African Local Government Association (SALGA) seeking to halt the rollout.

SALGA had formally declared an intergovernmental dispute on 19 June 2026 in terms of section 41 of the Constitution of the Republic of South Africa, 1996 and the Intergovernmental Relations Framework Act, No. 13 of 2005. The association raised concerns regarding the regulatory framework, infrastructure and equipment readiness of issuing authorities, and the financial model for municipalities under the new system.

The application was opposed by the Department of Transport, the RTIA, and the South African Post Office (SAPO) on several procedural and substantive grounds:

  • Lack of urgency: SALGA had been aware of the 1 July 2026 implementation date since November 2025 but delayed launching the application.
  • Lack of authority: SALGA failed to provide council resolutions proving it was authorized to act on behalf of the affected municipalities, as required by Rule 7 of the Uniform Rules of the High Court.
  • Prematurity: The implementation of AARTO requires a Presidential Proclamation, which was not yet in place at the time of filing.
  • Operational readiness: The RTIA demonstrated that 75% of the 62 issuing authorities (comprising 283 combined sites) are fully equipped, connected, and trained for the Phase 2 rollout.

The High Court struck the matter from the roll, ruling that SALGA failed to establish urgency or demonstrate authorization to represent the municipalities, and reaffirming that courts should not lightly interfere with legislative implementation and government policy decisions.

Phase 2 expands the AARTO system to 62 local and metropolitan municipalities, building upon the existing operations in Johannesburg and Tshwane. The system aims to promote road safety by implementing a points demerit scheme and facilitating the adjudication of road traffic infringements.

What this means for you, your business, or your clients

  • For yourself: No immediate individual compliance action is required until the Presidential Proclamation is gazetted, but individual drivers should monitor their registered address details on the National Traffic Information System (NaTIS) to ensure timeous receipt of infringement notices.
  • For your business: Corporate fleet operators and logistics companies must review internal driver policies and update employment contracts to account for the points demerit system, establishing clear protocols for liability and driver license suspensions.
  • For your clients: Municipal clients and transport operators must immediately assess their administrative readiness and align their internal compliance frameworks with the operational requirements of the Phase 2 rollout across the 62 newly designated municipalities.

Originally published at https://www.sanews.gov.za/south-africa/implementation-aarto-continues

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