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Calls for South Africa’s new driving laws to be scrapped

The Department of Transport has delayed the planned first phase of the rollout of the Administrative Adjudication of Road Traffic Offences (Aarto) system in South Africa, raising concerns about its long-term viability.

This delay was announced earlier this month, ahead of its planned release in 69 municipalities across the country on 1 December, and pushed it back to July 2026.

Civil groups, political parties, and unions, in response to this delay, are now calling on the system to be scrapped entirely rather than just pushed back.

Additionally, certain groups have warned that if the system is implemented, it could lead to public backlash and a repeat of the e-toll situation.

It should be noted that this delay will also likely push back the following planned phases, such as the introduction of the demerit system originally intended to be implemented in September 2026 and now more likely to launch around mid-2027.

According to the Freedom Front Plus, this delay and its impact are symptoms of the deeper problems undermining Aarto, much like the problems the e-toll system faced, which heralded its collapse.

“Much like the e-toll system in Gauteng, Aarto— currently active only in Gauteng in the Johannesburg and Tshwane Metros — appears to be slowly but surely nearing the end of the road,” said the party.

E-toll’s collapse was initially slow, with the system being plagued by court cases and public rejection before an abrupt end leading up to the 2024 elections.

It’s believed this sudden end came as the national and Gauteng governments realised that the system was no longer viable.

The Freedom Front Plus has noted that Aarto has faced a similar situation, with its initial introduction marked by years of legal challenges, problematic legislation and regulations, and flawed implementation plans.

Aarto was also pushed through without proper public participation, according to the civil action group, Outa.

Additionally, it stated that the Aarto system had categorically failed to make roads in Johannesburg and Pretoria safer, undermining its legitimacy as a solution to the high accident rates.

“Given the numerous problems with integrating Aarto with municipal systems nationwide, it appears that the only thing left to do is prepare for its final collapse.”

If it proves impossible to implement Aarto in Gauteng, it will become clear that the system is not viable for nationwide deployment.

Aarto issues

Aarto’s pilot in Gauteng was plagued by problems and technical issues, which, according to the Freedom Front Plus, have only gotten worse over time.

A major issue is that traffic can no longer be strictly policed because fines are either issued late or not at all, while maladministration also renders many fines invalid when they are issued.

Despite this, authorities are still trying to enforce fines that were not legal, and a court order had to be issued to cease this unlawful activity.

“The Aarto legislation and regulations are either inconsistently applied or not applied at all,” said the party.

“Many motorists still do not receive fines by post or email, yet are unlawfully forced to pay these fines when renewing vehicle licences.”

These problems also highlight an overarching, conceptual issue with the system – that being that it seems far too focused on revenue collection rather than road safety.

Outa and public service unions, such as the Public Servants Association (PSA), have repeatedly raised concerns over this issue.

The PSA has also noted that it approves of the delay as the assessment of municipal readiness will reveal the massive shortcomings in training, systems integration, and funding.

It went on to note that the repeated delays confirm the system is unworkable, administratively burdensome, and risks creating more confusion than compliance.

“Whilst the postponement offers temporary relief to motorists and road users, the government should go further and scrap the Aarto demerit system completely,” it said.

“The model prioritises revenue collection over real road-safety improvements and introduces complex administrative processes that will strain municipalities and inconvenience the public.”

It concluded that instead of focusing on a flawed system, the state should strengthen law enforcement capacity and invest in public education campaigns to improve driving behaviour.

“These measures will deliver real, sustainable improvements in road safety without imposing unnecessary penalties and bureaucratic hurdles,” it said.

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