The Organisation Undoing Tax Abuse (OUTA) has launched an urgent High Court application seeking to suspend the second phase of South Africa’s Administrative Adjudication of Road Traffic Offences system.
Phase 2 of AARTO took effect on 1 July 2026 and expanded the system to 62 municipalities across the country.
OUTA wants the rollout paused while the court reviews whether the government lawfully brought the amended AARTO Act and its 2026 regulations into operation.
Motorist Appeal Safeguard not Established
A key concern raised by OUTA is the absence of the Independent Appeals Tribunal.
The tribunal is intended to give motorists a way to challenge certain administrative decisions made under AARTO. However, OUTA claims the body was not established before the expanded enforcement system came into effect.
OUTA executive director for accountability Advocate Stefanie Fick said the organisation supports efforts to improve road safety and hold reckless drivers accountable.
However, she said the government should not enforce the system before putting the promised protections in place.
“Government expects motorists to comply with the law. It must be prepared to meet the same standard,” Fick said.
Public Participation Questioned
The amended AARTO provisions were brought into effect through presidential proclamations issued on 29 June. The 2026 regulations were published the following day.
OUTA also alleges that the regulations were introduced without meaningful public participation from motorists, businesses, municipalities and traffic law enforcement authorities.
The organisation stressed that its latest case does not challenge AARTO’s constitutionality. The Constitutional Court upheld the legislation in 2023.
Instead, the case focuses on whether the government followed the correct legal and constitutional processes when implementing the latest phase.
What OUTA Wants From the Court
OUTA is asking the High Court to suspend Phase 2 until its review application is finalised.
It also wants the court to review and set aside the decisions that activated the amended legislation and published the regulations.
The group further wants the government ordered to meet all legal and constitutional requirements before continuing with the rollout.
The Road Traffic Infringement Authority previously said Phase 2 would continue after an earlier urgent application brought by the South African Local Government Association was struck from the court roll.
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