When Aarto (Administrative Adjudication of Road Traffic Offences) was rolled out nationally on 1 July 2026, bringing its demerit-based system to 62 municipalities across South Africa, one province was notably absent from the list: the Western Cape.
The Administrative Adjudication of Road Traffic Offences Act replaces the Criminal Procedure Act traffic-fine system with an administrative model that allocates demerit points for road violations. The Constitutional Court declared Aarto constitutionally valid in July 2023, paving the way for Phase 2 implementation.
While metros, including Johannesburg, Tshwane, Ekurhuleni, eThekwini, Mangaung, Buffalo City and Nelson Mandela Bay, welcomed the new system on 1 July Western Cape municipalities were conspicuously excluded, following a formal dispute resolution process initiated by the City of Cape Town.
City of Cape Town’s dispute
“Several attempts to implement Aarto across the country have already been cancelled at the last minute,” said Stuart Grobbelaar, spokesperson for Stellenbosch Municipality. “The National Department of Transport can provide more information. It will now come into effect in all metros, with the exception of Cape Town, as well as in some municipalities, but not those in the Western Cape. Implementation in the Western Cape has been postponed to a later date. The previous failed implementation attempt was last year, when the planned roll-out on 1 December was postponed.”
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The City of Cape Town declared a formal intergovernmental dispute under the Intergovernmental Relations Framework Act, citing multiple unmet legal and operational prerequisites. Concerns raised included that approximately 48% of enforcement officers cannot yet be registered on NaTIS, the enabling legislation (National Road Traffic Amendment Act) is not yet in force, and the system would normally rely on a reliable and stable postal service for delivery of notices, but that is now a thing of the past. Additional concerns include unfunded training obligations, lack of finalised Standard Operating Procedures, and a revenue-sharing model that may reduce municipal income.
The South African Local Government Association (Salga) attempted to halt Phase 2 through an urgent interdict at the Gauteng High Court, but the court struck the application, finding no urgency.
Minister agrees to suspension
“The City does not oppose Aarto in principle, it does not support its implementation in its current form or within the proposed time frame,” said JP Smith, Mayco member for Safety and Security. “In this regard the National Minister of Transport took note of the City’s concerns raised via a formal dispute letter.
“She agreed to suspend the implementation of phase 2 of Aarto in the Western Cape, while the City proceeds to engage on material concerns about the proposed implementation via a structured IGRFA [Intergovernmental Relations Framework Act] dispute-resolution process. We are glad for this action by the minister and the suspension she has now put in place for Western Cape Municipalities so that we have an opportunity to now meaningfully engage on the remaining concerns the City has in regards to the rational implementation of Aarto.”
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The national government has targeted full coverage by January 2027, with the demerit points system expected to be considered in a later phase, potentially after April 2027.
For now, Western Cape motorists continue to operate under the existing Criminal Procedure Act system. Fines are calculated on a standard basis, and disputes are handled through the courts rather than an administrative process.
