South Africa’s 27-Year-Old Traffic Fine Headache

South Africa’s traffic fine enforcement system has been in a state of limbo for nearly three decades, with the controversial Administrative Adjudication of Road Traffic Offences (AARTO) Act still not fully implemented since its introduction in 1998. Legislative confusion, legal roadblocks, and administrative failures have plagued the system.

Initially passed to streamline traffic enforcement and introduce a demerit points system to hold reckless drivers accountable, the AARTO Act was meant to replace the traditional Criminal Procedure Act process used for prosecuting traffic offences.

However, its nationwide rollout has been repeatedly delayed. The rollout faced significant resistance from local municipalities, who feared losing revenue and control over local enforcement.

In January 2022, the Pretoria High Court ruled AARTO unconstitutional, arguing it interfered with provincial and municipal powers. The decision was overturned by the Constitutional Court in July 2023, effectively green-lighting the implementation once more.

Despite this legal victory, there’s still no clear timeline for AARTO’s full rollout, leaving the current traffic fine system inconsistent and disjointed.

Read | Controversial Aarto Act will ‘correct’ driver behaviour in SA – RTIA

Transport Minister Barbara Creecy recently expressed concern about the rising death toll on South African roads, particularly during the 2024/25 festive season. She suggested the introduction of stricter penalties, including higher fines and linking unpaid fines to vehicle license renewals, could improve compliance.

However, critics argue that these measures may disproportionately affect low-income motorists without addressing the core issues of enforcement capacity, road safety awareness, and infrastructure.

With South Africa continuing to face alarming road safety statistics, the lack of a functioning and unified traffic offence system remains a major concern. As it stands, the country is still grappling with a 27-year-old legislative headache, and there’s no concrete solution in sight.