The Organisation Undoing Tax Abuse (OUTA) has filed an urgent High Court application to halt Phase 2 of the AARTO system, claiming government switched on enforcement before establishing the independent appeals mechanism motorists are entitled to use.
OUTA wants the High Court to suspend Phase 2 of the Administrative Adjudication of Road Traffic Offences system until government puts required legal safeguards in place.
The civil action organisation argues that government activated the amended traffic enforcement system on 1 July across 62 municipalities before establishing crucial protections, including an independent Appeals Tribunal that motorists need when challenging administrative decisions.
OUTA’s urgent application follows presidential proclamations published on 29 June bringing the amended AARTO Act into operation, with the 2026 AARTO Regulations published a day later.
Adv Stefanie Fick, OUTA’s executive director for accountability, said the organisation supports stronger road safety measures but not at the expense of due process.
“What we cannot accept is government enforcing a new legal regime before putting the protections promised by that very system in place. Government expects motorists to comply with the law. It must be prepared to meet the same standard,” Fick said.
Missing tribunal raises concerns
OUTA has monitored AARTO for more than six years. While the Constitutional Court confirmed the legislation’s constitutional validity in 2023, the organisation warned that lawful implementation would present significant challenges.
The absence of the independent Appeals Tribunal remains a principal concern. The legislation requires motorists to use this tribunal when challenging certain administrative decisions, but OUTA argues government activated enforcement before ensuring the mechanism is operational.
“In simple terms, government has switched on enforcement before switching on one of the most important protections available to motorists,” Fick said.
OUTA also claims the 2026 AARTO Regulations were introduced without meaningful public participation, despite affecting millions of motorists, municipalities, issuing authorities, fleet operators and businesses across South Africa.
“When government sidelines public participation, everyone loses. The people expected to comply with the law are often best placed to identify where it may fail in practice,” Fick said.
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What OUTA wants
The organisation is asking the High Court to suspend Phase 2 implementation pending the review outcome, set aside government’s decision to implement the amended legislation and publish the 2026 Regulations, and direct government to comply with all legal and constitutional requirements before any further implementation.
“Our application is not asking the Court to reconsider whether AARTO is constitutional. That question has already been settled. The issue before the Court is whether government has lawfully implemented the amended system,” Fick said.
The amended AARTO system changes how traffic infringements are administered, how motorists challenge administrative decisions and how demerit points may ultimately affect driving licences.
“This case is not about protecting reckless drivers or delaying effective law enforcement. It is about ensuring that government respects the rule of law before exercising greater powers over the public,” Fick said.
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