- SALGA has expressed its disappointment after its urgent application to halt AARTO Phase 2 was dismissed.
- The expanded AARTO system is now in effect across 62 metropolitan and local municipalities.
- SALGA says it will continue its legal challenge and advocate for a financially sustainable implementation model.
The South African Local Government Association (SALGA) says it is disappointed that Phase 2 of the Administrative Adjudication of Road Traffic Offences (AARTO) Act takes effect on 1 July 2026. This follows the dismissal of its urgent application in the High Court in Pretoria to halt the rollout.
SALGA said the ruling only addressed the urgency of the matter and not the merits of its legal challenge. As a result, the expanded AARTO system comes into force across 62 metropolitan and local municipalities while the association prepares to continue its case through the regular court process.
Legal challenge continues
SALGA emphasised that the court’s decision does not address the substance of its case, and that its legal team is preparing to move forward with the litigation.
"While we are disappointed at today’s outcome, the core issues we wanted the court to address are yet to be argued. Our legal team is preparing to take the matter forward," said SALGA Public Transport and Roads Working Group chairperson, Councillor Sebang Motlhabi.
The association maintains that the funding model underpinning AARTO and its regulations places an unfair burden on municipalities that are already operating under severe financial constraints.
Municipalities raise funding concerns
SALGA said municipalities have not received meaningful consultation or practical solutions from the Department of Transport regarding the costs and operational demands involved in implementing the legislation.
The association has also lodged an intergovernmental dispute under the Intergovernmental Relations Framework Act, arguing that municipalities should have a meaningful say in the timing, funding model, and regulations governing AARTO.
"The current AARTO regulations, published in October 2025, place financial burdens on municipalities without providing sustainable financial models for effective implementation. This threatens municipal financial sustainability and risks diverting limited resources away from service delivery to cover the costs of implementation," said Motlhabi.
AARTO Phase 2 takes effect
Importantly, this rollout does not yet activate the Points Demerit System. Section 24 of the Act, which governs demerit points and licence suspension for repeat offenders, is expressly excluded from the current commencement.
What goes live today is the administrative infringement and enforcement process, including the notices, nominations and adjudication. The points-based penalty regime and full national implementation is earmarked for 2027.
Phase 2 of the AARTO system comes into effect, following presidential proclamations that bring additional provisions of both the AARTO Act and the Administrative Adjudication of Road Traffic Offences Amendment Act into operation.
The implementation expands the system to 62 metropolitan and local municipalities across South Africa, including Johannesburg, Ekurhuleni, eThekwini, Mangaung, Buffalo City, Nelson Mandela Bay, Polokwane, Mbombela, and Rustenburg.
Commitment to engagement
SALGA said it remains committed to working with the national and provincial government to improve road safety and strengthen law enforcement. However, the association insists this must be achieved through a financially sustainable implementation model.
The association said it will continue engaging all stakeholders and pursuing legal processes aimed at balancing road safety goals with the fiscal realities facing municipalities.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
