Fight to stop South Africa’s new traffic fine laws from launching this week

The South African Local Government Association (SALGA) has filed an urgent High Court application to stop the launch of the country’s new traffic fine laws later this week.

This is in regards to the national rollout of the Administrative Adjudication of Road Traffic Offences (AARTO) Act, which is scheduled to commence on Wednesday, 1 July 2026.

SALGA seeks to block implementation due to concerns about AARTO’s funding model. It highlighted that many municipalities in South Africa are already operating in an increasingly constrained fiscal environment.

“SALGA has approached the North Gauteng High Court in Pretoria on an urgent basis to interdict the implementation of Phase 2 of AARTO,” it said.

“The escalation follows repeated engagements with the Department of Transport and the Minister of Transport regarding the unresolved financial implications of AARTO on municipalities.”

It said its case at the Pretoria High Court is expected to be heard tomorrow (Tuesday, 30 June 2026).

The association said that while it has consistently supported AARTO’s objectives, it has also raised serious concerns about its funding model and its regulations.

“The current AARTO regulations, published in October 2025, impose financial burdens on municipalities without providing a sustainable funding model that will ensure effective implementation.”

It explained that this would put the financial stability of municipalities at risk while diverting limited resources from services to cover the cost of the AARTO rollout.

SALGA said it had engaged with the Department of Transport since 2022. It highlighted its concerns over the funding model in November 2025.

“The proposed financial arrangements would result in municipalities spending more than they can earn, effectively forcing local government to subsidise the implementation of AARTO,” it said.

It added that this would come at the expense of other critical services and that, despite its warnings, the department had failed to provide meaningful consultation or practical solutions.

This month, SALGA resolved to pursue an intergovernmental dispute under the Intergovernmental Relations Framework Act (IGRFA).

“The dispute centres on the timing and financial model of AARTO implementation, and the need for municipalities to have meaningful input into the regulations,” it said.

“Therefore, SALGA’s approach to the Court seeks to ensure that Phase 2 of AARTO is interdicted until the IGRFA dispute is properly ventilated and resolved.”

What will change under AARTO

AARTO was first introduced all the way back in 1998, though the first two municipalities to adopt the system – Johannesburg and Pretoria – only made the switch in 2008 as part of a pilot programme.

Starting on 1 July, AARTO will be implemented nationwide, starting with the country’s 62 largest municipalities.

The remaining 151 municipalities will be added to the system between October and December 2026.

Later on, a new driver’s licence demerit point system will be introduced, where motorists will receive points on their licence for different traffic violations.

The “Phase 2” that SALGA is referring to is the rollout of AARTO across South Africa’s municipalities, not the demerit system.

Crucially, AARTO will fundamentally change how traffic fines are issued in South Africa. Historically, traffic fines were handled under the Criminal Procedure Act (CPA).

Under the new system, traffic violations will be split into two categories, as minor cases will be treated as “infringements” while more severe actions will be classified as “offences.”

Infringements will be handled administratively by the Road Traffic Infringement Agency (RTIA), while offences will continue to be dealt with via the legal system.

Once the demerit system is implemented, drivers will receive a varying number of points on their licence, depending on the severity of the violation.

Minor infractions like exceeding the speed limit by 20km/h will incur one point, while serious actions like drunk driving will incur up to six points.

Once a driver receives 15 or more points, their licence will be suspended for a minimum of three months, during which time they cannot drive a car. Doing so will be considered a criminal offence.

If a person’s licence is suspended three times, it will be cancelled and they will be required to retake their learner’s and driver’s tests once the suspension period is over.

Additionally, the Department of Transport will provide a “driver rehabilitation programme” for frequent offenders whose licences have been cancelled.

Completing the programme will allow these individuals to reduce their suspension period.

Demerit points expire at a rate of one every three months, meaning it would take a series of infringements over a short period for a person’s licence to be suspended.

The following table shows the fine amounts and demerit points incurred for common driving violations: