The controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act is set for implementation on July 1, 2024 – less than a year away.

This was announced by the Minister of Transport, Sindisiwe Chikunga, following the recent Constitutional Court ruling which declared that South Africa’s Administrative Adjudication of Road Traffic Offences (Aarto) Act was “valid and constitutional”.

“We have engaged with the Road Traffic Infringement Agency to assess our state of readiness for accelerated rollout of Aarto across all municipalities in the country. We are pleased that our progress on the eve of the constitutional challenge enables us to target July 1, 2024 for the nationwide rollout of Aarto. We have already established 43 service outlets across various provinces,” said Chikunga.

She said the implementation of the law across the country had been pending for 25 years, with pilot projects in place in Johannesburg and Tshwane.

“We have completed the requisite processes to implement the Aarto adjudication process and the electronic service of infringements. The latter will come into effect as soon as the President proclaims the Aarto Amendment Act.  

Chikunga said her department was finalising its recommendations to the President for the appointment of the Tribunal and the proclamation of the Aarto Act nationwide implementation, as well as the promulgation of the Aarto Amendment Act. 

“We have also completed the process of drafting regulations and have consulted with the Minister of Justice and all MECs. We are finalising the matter of concurrence by MECs and have received concurrence from most provinces.”

She added that the Department of Transport would “move with equal speed” to implement the demerit points system.

“As we proceed with the national rollout of Aarto, we will proclaim implementation in 69 municipalities by the end of this calendar year. We are working closely with the Department of Co-operative Government and Traditional Affairs (COGTA) in ensuring that all municipalities have the requisite capacity to implement the law,” said Chikunga.

Are wheels operators ready?

Despite Chikunga’s expressed readiness, the tourism industry has expressed concern that the Aarto Act could be seen as a significant barrier.

In a recent Tourism Update poll, 76% of readers indicated they were unaware of their rights and regulations in anticipation of Aarto’s implementation. Only 5% said they knew the regulation and their rights.

Wayne Duvenage, CEO of Outa, said in a comment to Tourism Update that the practical challenges far outweighed whether the Act was constitutional or not.

“Just as the courts allowed Sanral to proceed with eTolls, we (at Outa) warned that the scheme would fail due to its impracticalities and significant administrative challenges. The rest is history on the eToll saga.

“This same fate will arise concerning Aarto, not because we don't believe in or do not desire a licence demerit point system (where the constitutional aspect was largely centred), nor because we don't want people to be held accountable for their traffic infringements, but because for any system to work, it needs all systems that it plugs into (NaTIS, Post Office etc) to be accurate and efficient,” said Duvenage.

Travel destination specialist, Alan Roxton Wiggill, said it would only handicap the people who do try to abide by the law and who pay their dues. “It’s a well-thought-out plan with no way to make it work for the worst regular offenders who will bribe their way out of and through this, or just ignore it.”

Another reader said that poor administration was a big challenge. “I have zero confidence that our government can administer a system like this. It is incredibly frustrating to live in a stunning country, and have so much incompetence in areas that should be running smoothly.”