New law in South Africa could block people from selling their cars if they have outstanding traffic fines

The Organisation Undoing Tax Abuse (OUTA) is fighting the implementation of the Administrative Adjudication of Road Traffic Offences (AARTO).

This follows the Road Traffic Infringement Agency (RTIA) disclosing information relating to the AARTO Appeals Tribunal.

The Administrative Adjudication of Road Traffic Offences (AARTO) Act is South Africa’s system designed to change how traffic violations are legally handled and enforced.

Administered by the Road Traffic Infringement Agency (RTIA), it wants to improve road safety and establish a uniform traffic enforcement framework.

Under the traditional system governed by the Criminal Procedure Act (CPA), ignoring a traffic fine results in a criminal summons and a potential court appearance.

Under AARTO, minor and moderate traffic violations are shifted to an administrative process managed directly by the RTIA.

Serious road crimes, such as drunk driving or reckless driving, remain criminal offences under the Criminal Procedure Act.

The most notable feature of AARTO is the introduction of driver demerit points. Every driver starts with 0 points.

Demerit points are added to a driver’s or fleet operator’s profile depending on the severity of the infringement.

Once a driver exceeds the maximum demerit threshold of 15 points, their driving licence is automatically suspended.

Another impact is that if an outstanding fine remains unpaid for more than 64 days, it will be escalated to an Enforcement Order.

When that happened, the Road Traffic Infringement Agency logged an administrative block on the person’s profile in the eNATIS system.

Once an Enforcement Order is active against an ID number, all eNATIS licensing transactions are locked.

That person will be unable to process the Notification of Change of Ownership (NCO), renew a vehicle licence disc, or register a new vehicle under their name.

OUTA broadens AARTO investigation

OUTA broadened its investigation into the implementation of the AARTO following the RTIA disclosure of information relating to the AARTO Appeals Tribunal.

The information included the names of Tribunal members and details of their appointment process.

This was provided in RTIA’s response to OUTA’s proposed urgent High Court application to halt the implementation of Phase 2 of AARTO.

While this removes one of the grounds upon which OUTA intended to seek urgent relief, it raises a more fundamental concern about transparency and accountability.

OUTA says the public should never have been left wondering whether the Appeals Tribunal existed, who served on it, or how motorists would exercise their right.

“This isn’t simply about whether the Tribunal exists. It is about transparency, said Adv Stefanie Fick, OUTA executive director of accountability.

“The government requires South Africans to comply with AARTO from 1 July 2026. Yet, the public was never proactively told who would hear their appeals.”

“The public was also not told how the Tribunal was appointed or how motorists could access the appeals process.”

Before announcing its intended urgent application, OUTA repeatedly requested information from RTIA regarding the Appeals Tribunal.

Rather than providing the information, RTIA advised in its affidavit that OUTA should have submitted a request under the Promotion of Access to Information Act (PAIA).

Only once litigation commenced did RTIA provide OUTA with the names of Tribunal members and details of their recruitment.

“The obvious question is why it took threatened litigation for this information to be disclosed,” said Fick.

“South Africans should not need a PAIA request to discover who has the authority to decide appeals that could ultimately affect their driving licences.”