AARTO GO-AHEAD: Salga fails to stop roll-out of traffic demerit system in another 62 municipalities

South Africa's South African Local Government Association (Salga) has failed in its attempt to block the nationwide rollout of Phase 2 of the Administrative Adjudication of Road Traffic Offences Act (Aarto). The association filed an urgent application with the Gauteng High Court in Pretoria seeking an interdict against the implementation of the second phase of the act, which was set to begin on 1 July. However, the court dismissed the application, citing that the matter was not sufficiently urgent to warrant immediate intervention.

Salga expressed disappointment with the ruling but emphasized that the underlying issues regarding the financial sustainability of the Aarto system would still be addressed in a subsequent legal proceeding. According to Salga's Public Transport and Roads Working Group chairperson, Sebang Mothabi, the organization remains concerned about the funding model supporting the implementation of Aarto. Many of the 62 municipalities included in Phase 2 are already facing significant financial strain, making it difficult for them to bear the additional costs associated with the new traffic demerit system.

Mothabi criticized the Department of Transport for not offering adequate consultation or viable solutions for the implementation of Aarto. He noted that Salga had formally declared an intergovernmental dispute over the matter, highlighting the lack of financial compensation for local governments under the current Aarto revenue model. The association has called for a thorough review of the Aarto regulations, particularly concerning municipal procurement processes and financial obligations.

The Road Traffic Infringement Authority (RTIA), responsible for overseeing the implementation of Aarto, confirmed that the rollout of Phase 2 is proceeding according to schedule. Both the RTIA and the South African Post Office (Sapo), which are named respondents in Salga’s legal application, argued in court documents that there had been a delay on Salga’s part in initiating the application. Since the implementation date for Phase 2 was announced in November, the RTIA and Sapo contended that the matter was not urgent enough to justify an interdict. Their legal representatives further asserted that Salga lacks the authority to represent the affected municipalities unless each municipality provides a formal resolution authorizing Salga to act on their behalf in court.

According to Monde Mkalipi, spokesperson for the RTIA, the agency remains open to engaging with municipalities to resolve outstanding issues. The Department of Transport has established a dedicated task force to address these challenges, led by Minister of Transport Barbara Creecy. During her recent address to the National Council of Provinces, Creecy outlined that the department had been allocated R163 million for the national implementation of Aarto in the current financial year. She mentioned that 16,000 traffic officials had already undergone training, and most provinces were prepared for the implementation of Phase 2, with over 80% of issuing authorities having received the necessary equipment.

Despite these preparations, concerns remain about potential conflicts between the new demerit system and existing legislative frameworks such as the Municipal Finance Management Act and the Municipal Supply Chain Management Regulations. These concerns were voiced by Deon de Vos, the mayor of the Sarah Baartman District Municipality, who spoke on behalf of Salga during the National Council of Provinces meeting. De Vos emphasized that local governments carry substantial law enforcement responsibilities without receiving adequate financial compensation under the current Aarto revenue model.

As the implementation of Phase 2 continues, the focus now shifts to how the remaining issues will be resolved. While the court ruled against Salga’s urgent application, the broader debate around the financial implications of Aarto for municipalities persists. The outcome of the upcoming legal proceedings and the effectiveness of the intergovernmental dispute process will play a crucial role in determining the future of the Aarto system in South Africa.