Red flags over new system to take away motorists’ driver’s licences in South Africa

The Department of Transport (DoT) has not provided findings that show the incoming demerit point system will lead to a reduction in road fatalities in South Africa.

In July 2026, the DoT commenced with the nationwide rollout of the Administrative Adjudication of Road Traffic Offences (AARTO) Act, which was implemented across 62 major municipalities.

Another 151 municipalities were supposed to be added on 1 September 2026; however, this process has been delayed.

Once they are added to the new system, the DoT will begin the next phase of the rollout with the introduction of a penalty point system for driver’s licences.

Under AARTO, motorists will receive demerit points on their licences for various infringements and offences.

Once a person exceeds 15 points, their licence will be suspended for a period of three months for every point over the threshold.

If their licence is suspended for a third time, it will be cancelled and the individual will need to retake their learner’s and driver’s tests once the suspension period is over.

They will also be given the option to take a rehabilitation programme that will reduce their suspension period if completed.

However, this radical new system where motorists can lose their licence has not been backed up by findings from the DoT showing that it will reduce road fatalities in a South African context.

While similar systems have been implemented in other countries, they require strong administration, enforcement, and visible policing to be effective.

In a parliamentary Q&A, DA MP Chris Hunsinger asked Transport Minister Barbara Creecy about her department’s research into the effectiveness of a demerit system

The DoT previously conducted a research report on the Points Demerit System (PDS) and the AARTO Rehabilitation Programme in 2024.

“The study found that countries implementing a points demerit system generally monitor the number of casualties or number of offences, in order to assess the effectiveness,” Creecy said.

“Most of these countries report a positive effect of points demerit systems. It will require consistency in order to achieve positive results over a prolonged period of time.”

The minister said that there was a common understanding among experts that it was reasonable to link demerit points for an offence to its relevance in causing accidents.

“In line with the recommended practice, the demerit points will be allocated to infringements causing crashes and/or injuries as provided in Schedule 3 of the AARTO Regulations.”

However, Phase 4 of the AARTO rollout, which includes the PDS and rehabilitation programme, has not yet been proclaimed, according to MyBroadband.

While AARTO has been piloted in Johannesburg and Pretoria since 2008, the trials only tested the administrative aspects of the system.

The demerit system, in contrast, has never been tested. As a result, no research report could be commissioned to verify whether such a system will work in South Africa.

Experts cautioned that a penalty system will only work if supported by robust enforcement, raising concerns that the demerit system will be another example of laws that disproportionately affect law-abiding motorists while the worst offenders continue unabated.

Driving skills expert Rob Handfield-Jones, the managing director of Driving.co.za, said that as long as the primary concern of traffic police remains on speed enforcement, AARTO will do little to improve road safety.

Similarly, DSC Attorneys founder and director Kirstie Haslam argued that the new traffic laws do not address the underlying issues causing South Africa’s high road fatality rates.

Haslam said the demerit point system would need to be supported by better road infrastructure, safer vehicles, effective public education, visible policing, and a culture where traffic laws were respected.