The City of Cape Town has taken a firm stance against the premature roll-out of the Administrative Adjudication of Road Traffic Offences (Aarto) Act, declaring a formal intergovernmental dispute with national government and calling for the suspension of implementation until critical legal and operational prerequisites are in place.

Its position, outlined by JP Smith, Mayoral Committee member for Safety and Security, came in the wake of a broader national debate over the readiness of municipalities to implement Aarto, a system designed to replace the existing traffic-infringement framework with an administrative demerit-based model.

Not an exemption, a dispute

Smith clearly denied reports suggesting the City had applied for a formal exemption from Aarto.

“The City confirms it did not formally apply for an exemption from the implementation of the Aarto system. Instead, the City declared a formal intergovernmental dispute in terms of the Intergovernmental Relations Framework Act (IGRFA) regarding Aarto implementation and, in that context, requested a postponement or suspension of implementation, rather than an exemption, pending the resolution of identified legal and operational issues.”

At the heart of the City’s concerns was the absence of operative enabling legislation, specifically the National Road Traffic Amendment Act (NRTAA) and its associated regulations, without which the City argues that implementation would be “unlawful or irrational”.

Conditional opposition

The City’s stance is nuanced. Smith describes it as one of conditional opposition to premature implementation, not a rejection of Aarto as a concept.

“While the City does not oppose Aarto in principle, it does not support its implementation in its current form or within the proposed timeframe. The City considers the rollout to be irrational, unlawful, and impractical in light of existing legal and operational constraints,” he explains.

“It has therefore called for the suspension of implementation until all necessary prerequisites are in place, including the finalisation and commencement of enabling legislation and regulations, and the resolution of the legal and operational shortcomings that presently impede compliance.”

Cannot fully comply

One of the most striking challenges the City has identified is that nearly half of its enforcement officers are currently unable to participate in the Aarto system. According to Smith, approximately 48% of enforcement officers cannot be registered on the National Traffic Information System (NaTIS), a prerequisite for issuing Aarto infringement notices, largely because the NRTAA has not yet come into force.

Beyond officer registration the City has flagged a range of additional obstacles:

• Training obligations: Current Aarto regulations shift training responsibilities – including for South African Police Services (SAPS) personnel – to municipalities. The City considers this unfunded, potentially ultra vires, and inconsistent with the mandates of national bodies such as the Road Traffic Infringement Agency (RTIA) and the Road Traffic Management Corporation (RTMC).
• Revenue implications: Aarto’s revenue-sharing model is expected to reduce municipal income in certain categories, particularly non-speeding offences, while also creating uncertainty around fine structures.
• Post Office dependency: The system relies on the South African Post Office (SAPO) for notice delivery, an arrangement the City considers high-risk given SAPO’s well-documented financial instability. Invalid or unenforceable notices, and the litigation that could follow, are among the anticipated consequences.
• Infrastructure shortfalls: The RTMC has not provided sufficient NaTIS equipment, and the City is currently unable to procure it independently within its mandate and budget.
• Administrative unreadiness: Finalised Standard Operating Procedures have not been established, and significant staff retraining and system alignment remain outstanding.

Months of engagement

The City’s concerns have not gone unheard. Smith confirmed that the City has engaged extensively with the national Department of Transport on the revised implementation date of 1 July, through correspondence dating back to October 2025 as well as meetings, workshops and formal escalations to the Minister of Transport, the RTIA, the RTMC and the President.

“The department acknowledged the concerns raised by the City and agreed to defer implementation, initially to July 2026, with ongoing discussions thereafter,” he said. “The Executive Mayor has also reported direct telephonic engagement with the Minister, during which a proposal was made for further postponement, including a potential shift of a later phase to January 2027.”

Despite these concessions the City maintains that the fundamental issues remain unresolved. Smith has emphasised that any implementation date must not be set arbitrarily, but must instead be tied to the coming into operation of the NRTAA and its enabling regulations.

Effects on motorists

Should AARTO be implemented in its current form the City has warned the consequences for residents and road users could be significant.

According to Smith the implications include reduced enforcement capacity – with a substantial proportion of officers unable to issue infringement notices – as well as administrative backlogs, invalid notices and a surge in legal disputes. Motorists may also face higher fines, introduced to offset the financial impact of the revenue-sharing model.

“Overall, the City cautions that these factors may undermine road safety outcomes, contrary to the objectives of Aarto,” he said.

Preparing under protest

Despite its reservations the City has not abandoned preparation efforts entirely. Smith confirmed the City was engaged in partial readiness measures, including discussions with the RTMC and RTIA on training, service arrangement talks with SAPO, and internal planning around officer registration and back-office workflows.

However, he was clear these efforts were constrained: “Many of these preparatory measures cannot progress beyond a preliminary stage due to persistent legal and systemic impediments, most notably the inability to register enforcement officers on NaTIS in the absence of the enabling legislative framework.”

Reform, not repeal

On the question of whether the City supports calls from some quarters to scrap Aarto entirely Smith was equally measured.

“The City does not explicitly support calls for the repeal of the Aarto Act. Instead, it advocates for the suspension and correction of the current framework to address the legal, operational, and systemic deficiencies that have been identified.”

The City’s preferred position is clear: Aarto should only be implemented once the enabling legislation is in force, systems and infrastructure are ready, training has been completed and outstanding regulatory disputes have been resolved.

Should government proceed without meeting these conditions the City has signalled it will not hesitate to take legal action. “The City has indicated that it reserves its rights to pursue appropriate legal remedies, including seeking an interdict or instituting review proceedings,” Smith confirmed.