It seems the transport department’s controversial Administrative Adjudication of Road Traffic Offences Act (Aarto) roll-out has had a major blow-out and has been pulled off the road for seven months.
The Road Traffic Inspectorate’s much-vaunted driving laws and demerit system, a legal measure designed to enhance road safety, was gazetted in September in the hopes of putting an end to the carnage on our roads.
It was designed to put an end to speeding, drunk driving and unsafe vehicles — which contribute to accidents, fatalities and injuries because of the lack of policing on our roads.
After several delays and court challenges over the past two decades, the controversial new system to deal with traffic offences was to have been introduced in phases starting December 1, with the licence demerit points system scheduled to go live countrywide on September 1 2026.
But on Monday, transport minister Barbara Creecy, not for the first time, postponed the first phase from December 1 to July 1 2026 due to some municipalities not being ready.
Delays were blamed on the finalisation of training of law enforcement and back office personnel, synchronising current law enforcement systems used by various municipalities and funding.
There was no mention of a new date for the implementation of the demerit system, but department spokesperson Collen Msibi said a proclamation with new staggered implementation dates would be published soon.
The reasons for the delay highlight bureaucratic bungling at its best and demonstrates a lack of urgency.
The roll-out of this controversial act, originally passed into law in 1998, has hit more stumbling blocks than a learner driver learning to parallel park.
Organisation Undoing Tax Abuse (Outa) took its objection to the bill all the way to the Constitutional Court, which in July 2023 ruled in favour of the government’s plan to introduce a demerit system for traffic offenders, overturning an earlier high court ruling that declared Aarto unconstitutional and invalid.
What complications about working together necessitated postponement? The whole saga reeks of sheer incompetence, the bane of our existence.
Outa and the AA both argue the new law would make it easier for authorities to make money from traffic fines, but won’t rid the roads of dangerous drivers without proper enforcement.
Given that millions have already been spent on gearing up for the roll-out since it was passed 27 years ago, it is shameful that local, provincial and national governments have been unable to get on the same bus in the name of road safety when it comes to curbing the economic and human cost of accidents.
It’s not as if the spheres of government didn’t know years ago they would have to work together to give effect to this law. What complications about working together necessitated postponement? The whole saga reeks of sheer incompetence, the bane of our existence.
Statistics show that in 2023 road accidents cost the South African economy about R205bn — 2.7% of gross domestic product.
As we head into the festive season, we know from past experience that while we may celebrate December as a time of festivity, it also heralds a time of bloodshed and carnage on our roads.
While local governments all over the country have shifted into “safety on our roads” campaigning mode, the Aarto delay doesn’t bode well.
It reeks of a lack of political will and potential economic loss — after all, cash-strapped governments have bemoaned revenue losses from fines.
If anything Creecy and Co. should have done all they could to wave the chequered flag on something which could have far-reaching wins for our country.
Having already invested millions of rand, it now is up to them to accelerate efforts to get it back on the road. If they can’t get it off the ground, what hope do we have they will run this system effectively and save lives? It’s anyone’s guess. But families whose bread winners perished on our roads — and those who are set to lose loved ones this festive season — deserve answers to why such incompetence is still holding us back.
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