Motorists in KZN are set to face the long-delayed Administrative Adjudication of Road Traffic Offences (Aarto) demerit points system.

Government believes the traffic enforcement regime could be a game changer in improving road safety and reducing road deaths.

The Witness reports that under Aarto, every driver starts with zero demerit points. Points are added for traffic offences depending on the seriousness of the infringement and once a motorist exceeds 12 points, their driving licence or operator card can be suspended. Drivers who remain offence-free can gradually reduce their record, with one demerit point removed every three months.

Government says the system is designed to promote discipline on South Africa’s roads, improve compliance with traffic laws and ultimately reduce fatalities by creating real consequences for repeat offenders.

Local roll-out begins

Msunduzi Municipality is among 60 local authorities nationally selected for the latest phase of the roll-out after the government’s proclamation came into effect yesterday (July 1). It is one of 10 municipalities in KZN that will implement the controversial system, alongside Durban (eThekwini), Alfred Duma, Newcastle, City of uMhlathuze, KwaDukuza, Ulundi, Ray Nkonyeni, Jozini and Mtubatuba.

Municipal spokesperson Ntobeko Mkhize said Msunduzi Municipality is ready for the implementation of the system, which came into effect yesterday. Mkhize said the municipality had been part of preparations for the national rollout and was finalising the remaining administrative processes.

“While there are still a few outstanding administrative matters, the municipality is ready to support the implementation of the Aarto system,” she said.

She urged motorists to familiarise themselves with the new system and comply with traffic regulations.

“We encourage all road users to observe the rules of the road as we work towards improving road safety and creating safer roads for everyone,” she said.

Legal hurdles cleared

First mooted by Parliament in 1998 and introduced on a pilot basis in Johannesburg in 2008, Aarto has faced repeated delays due to legal challenges, concerns over administrative readiness and resistance from various stakeholders. Questions have persisted over whether municipalities have the capacity to process infringement notices and manage demerit points effectively. Several previous implementation dates were postponed at the eleventh hour.

The latest proclamation follows the dismissal of an urgent application by the South African Local Government Association (Salga) in the Pretoria High Court on Tuesday. In court, Salga argued that the Department of Transport had failed to engage meaningfully with municipalities. It also objected to the proposed formula for distributing revenue from traffic fines, saying municipalities would not recover the costs of implementing Aarto and would instead have to divert funds earmarked for service delivery.

Salga Public Transport and Roads Working Group chairperson councillor Sebang Motlhabi said: “While disappointed at the outcome, the reality of the matter is that the core issues that we wanted the court to provide relief on are still to be argued. Our legal team is preparing to take the matter forward.”

Stakeholder engagements

Despite the court ruling, concerns remain over whether municipalities are ready for the transition.

KZN Transport and Infrastructure spokesperson Ndabezinhle Sibiya said MEC Siboniso Duma has ‘mandated’ the department’s head, Zibusiso Dlamini, to convene a meeting with all relevant stakeholders to deliberate on the development.

“The department’s senior officials responsible for the public transport systems, Road Traffic Inspectorate, and relevant municipal traffic departments will be present in that meeting to finalise all the key aspects to ensure the smooth implementation of the new system,” said Sibiya. “The meeting is scheduled for tomorrow, and it will also include Aarto at the national level.”

He said the public and media would be briefed in due course on the outcomes of the meeting.

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