The Organisation Undoing Tax Abuse (Outa) has announced that it has initiated an urgent application to the High Court to put the implementation of the Administrative Adjudication of Road Traffic Offences (Aarto) second phase on hold. Outa believes that government is bringing the amended legislation into force although it has not yet set up the legal safeguards that motorists have the right to have. In the application, the organisation is asking the Court to pause Aarto Phase 2 until government complies with its constitutional and legal obligations.

“Every South African benefits from safer roads and effective traffic law enforcement,” affirmed Outa Executive Director for Accountability Advocate Stefanie Fick. “Outa has never opposed measures that improve road safety or hold reckless drivers accountable. 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.”

The provisions of the amended Aarto Act were brought into effect by Presidential proclamation on June 29, and the 2026 Aarto regulations were published the next day. They cover 62 municipalities. The problem is that key safeguards are missing, major questions regarding implementation are still unanswered and regulations have been introduced without any meaningful public participation.

A key concern of Outa is the absence of the Independent Appeals Tribunal, even though that was part of the amended Aarto framework and is a crucial safeguard for motorists. The Appeals Tribunal will be the body that motorists wil use to dispute administrative decisions.

“In simple terms, government has switched on enforcement before switching on one of the most important protections available to motorists,” she explained. “When government removes or limits existing remedies, it has a legal duty to ensure that the alternatives created by Parliament are available and functional. That has simply not happened.”

Outa is also concerned about the lack of meaningful public participation. There has not been a proper process to enable public comments, from the people, businesses or municipalities (including traffic law enforcement agencies).

In its application, Outa is asking the High Court to halt the implementation of Aarto Phase 2 until the review application is decided; to review and set aside government’s decisions to put into effect the amended Aarto Act and publish the 2026 Aarto regulations; and to instruct government to comply with all relevant constitutional and legal requirements before it undertakes any more implementation actions.

“This case is not about protecting reckless drivers or delaying effective law enforcement,” she assured. “It is about ensuring that government respects the rule of law before exercising greater powers over the public. That principle protects every South African, regardless of whether they ever receive a traffic infringement.”