JA WELL NO FINE: ‘Transition phase’: Nelson Mandela Bay metro says Aarto in force ‘in legal terms only’

In a significant move aimed at halting the implementation of a major national traffic management initiative, the South African Local Government Association (Salga) has filed an urgent application for an interdict against the rollout of the Administrative Adjudication of Road Traffic Offences Act (AARTO). This act aims to streamline the process of issuing traffic fines and penalties by shifting responsibility from the criminal justice system to an administrative body. However, Salga's concern centers around the potential financial burden placed on municipalities, particularly those already grappling with fiscal challenges.

The proposed rollout of AARTO involves 62 municipalities across the country, including the Nelson Mandela Bay metro. According to the government gazettes, the transition began on 1 July 2026, marking a pivotal moment in the administration of traffic offenses. Despite this official start date, the Nelson Mandela Bay metro has expressed uncertainty regarding its readiness to fully implement the new system. Metro spokesperson Sithembiso Soyaya described the situation as being in a "transition phase," emphasizing that while the metro is legally part of the Phase 2 roll-out, operationally, it remains in an administrative transition period.

This ambiguity has raised eyebrows among local council members, who feel uninformed about the specifics of the transition. Democratic Alliance councillor Jason Grobbelaar highlighted the lack of transparency surrounding the Safety and Security Committee's meetings, noting that discussions about the AARTO implementation were postponed repeatedly. He pointed out that the metro had previously indicated that the existing system was not implementable and questioned whether they would be ready within the next year. Additionally, Grobbelaar emphasized the need for clarity on the budget allocation, public understanding of the system, and the impact of the necessary IT infrastructure.

Meanwhile, the Eastern Cape Department of Transport confirmed that AARTO is now operational in several designated areas within the province, including parts of Nelson Mandela Bay. Motorists in these regions are advised to comply with traffic regulations, as violations will now be handled under the AARTO framework. Repeat offenders face the risk of accumulating demerit points, which can affect their ability to renew driving licenses and potentially result in license suspension or cancellation.

The Road Traffic Infringement Authority (RTIA) has stated that the AARTO system is being rolled out to the 62 municipalities outlined in the Government Gazette, building upon previous implementations in Johannesburg and Tshwane. RTIA representative Monde Mkalipi noted that traffic officials in Nelson Mandela Bay should have been issued the necessary tools to facilitate the transition. However, the ongoing uncertainty surrounding the metro's preparedness raises questions about the effectiveness of the rollout in such regions.

As the legal battle unfolds, the outcome of Salga's interdict application will be crucial in determining the future of AARTO's implementation. If successful, it could delay or alter the rollout plans for many municipalities facing financial constraints. Conversely, if the interdict is denied, the focus will shift towards ensuring that all involved parties—municipalities, transport departments, and local communities—are adequately prepared for the changes brought about by the new system. The coming weeks will likely see increased scrutiny and dialogue among stakeholders to address the concerns raised and ensure a smooth transition into the AARTO framework.