Government announces when Aarto demerit system will start
Clauses relating to the Administrative Adjudication of Road Traffic Offences (Aarto) demerit system will come into effect next year.
In a bulk gazette that contained 16 notices and proclamations, national government on Friday declared the commencement dates for certain sections of the Aarto Act and its subsequent amendment.
Implementation of the act will be done in phases, beginning in December for some municipalities.
The Aarto Act was passed in 1998, with the amendment containing the demerit system signed by President Cyril Ramaphosa in 2019.
Friday's gazette stated that the whole of the 1998 Act, with the exception of Section 29(g), will come into effect for 69 municipalities in 1 December.
Sections 17 to 20, section 23 and sections 29 to 35 of the 2019 amendment will also come into effect for those 69 municipalities on 1 December.
These municipalities include Johannesburg, Tshwane, Ekurhuleni, Mangaung, eThekwini and Cape Town.
Five months later, 144 municipalities receive the same stipulations on 1 April 2026. These include the Knysna, Drakenstein, Bela-Bela, Umvoti and 140 other local municipalities.
Section 24, which covers the demerit system, as well as sections 25 to 28 will come in effect for all municipalities from 1 September 2026.
Constitutional court case
The Organisation Undoing Tax Abuse (Outa) challenged the amendments and took the matter all the way to Constitutional Court.
The civil society group asserted that the amendments did not adequately deal with road traffic safety and that it hampered municipalities' ability to regulate their own affairs.
'Outa is of the opinion that the Aarto practical challenges are largely due to poor enforcement, a lack of administrative discipline when it comes to traffic infringement management, and a variety of problems in the management of vehicle and driver licencing,' the organisation stated at the time.
In July 2023, the court ruled against Outa, with then Chief Justice Raymond Zondo's judgment declaring that the amendments were constitutional.
Employee implications
Section 17 of the Act deals with the responsibilities of those who employ drivers.
'Aarto will make employers potentially face administrative and financial burdens for their employees' non-compliance where their driving falls within the employees' key duties and responsibilities,' Weber Wentzel advised previously.
The Act requires a company to appoint a proxy to represent company vehicles but the firm state that the proxy will not accumulate demerit points on the drivers' behalf.
'However, the proxy must ensure that the demerit points are allocated to the correct driver.'
'Should the proxy not do so, the employer will be liable to pay the fine at three times the value applicable to ordinary license holders,' WeberWentzel stated.
NOW READ: Aarto implementation could result in municipal traffic services 'shutting down'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Maverick
6 hours ago
- Daily Maverick
Southern African Liberation Movements Summit tries to revive its members' declining fortunes
The annual summit of the six southern African liberation movements reveals why they haven't evolved. The 2025 Liberation Movements Summit provided insights into why the six southern African movements governing or co-governing their countries have struggled to evolve into normal, democratic political parties. From 25 to 28 July, leaders gathered in Johannesburg for solidarity, introspection and mutual learning under the theme 'Defending the Liberation Gains, Advancing Integrated Socio-Economic Development, Strengthening Solidarity for a Better Africa'. The six movements are South Africa's ANC, the Zimbabwe African National Union-Patriotic Front (Zanu-PF), Tanzania's Chama Cha Mapinduzi (CCM), the Mozambique Liberation Front (Frelimo), the People's Movement for the Liberation of Angola (MPLA), and Namibia's South West Africa People's Organisation (Swapo). The summit's announcement by the host party, the ANC, said: 'This critical gathering reaffirms the ideological foundations of the six southern African liberation movements… and their historical role in securing independence, dignity and development across the region. It also seeks to reassert the relevance of these movements in a rapidly shifting global order.' The movements defeated colonial rule and apartheid and 'implemented landmark policies on land reform, education, housing, infrastructure and social protection', it said. 'However, these gains now face erosion due to renewed imperial pressures, economic crises and attempts at neocolonial interference. The [summit] provides a united platform to confront these threats and consolidate progressive regional responses.' Renewal is a good thing. But is this club the right vehicle for renewal and transformation? So the downturns of the six parties in government were entirely attributed to external forces, with no mention of internal causes. However, during the conference itself, some leaders did acknowledge internal ills. ANC secretary-general Fikile Mbalula said the movements' strategic imperatives now included defending the gains of liberation, which were 'under threat from internal erosion and external manipulation and interference', and confronting the reassertion of imperialism and geopolitical subversion. South African President Cyril Ramaphosa elaborated, saying the liberation movements had to 'contend with declining electoral support, shifting demographics, frustrated young people in our various countries, economic inequality and foreign interference'. He acknowledged a 'disconnect between our founding narratives and the lived realities of a new generation of young people' and admitted that 'many of the threats we face are internal', including corruption, patronage and the competition for public positions and resources. As a remedy, Ramaphosa said: 'We must institutionalise mechanisms for mutual accountability amongst our movements. We must find and hold each other to higher standards.' Namibian President Netumbo Nandi-Ndaitwah echoed that sentiment, saying 'we must hold each other accountable as sister parties' to fight corruption. As far as one could tell, none of the other parties echoed such introspection. Renewal is a good thing. But is this club the right vehicle for renewal and transformation? Lack of democracy, for example, cannot be blamed on outsiders. Only two of the six countries governed by these parties, South Africa and Namibia, can be considered truly democratic. Tanzania's CCM-led regime has imprisoned leading opposition leader, Tundu Lissu, on spurious grounds. Under Frelimo, Mozambique violently suppressed opposition at last year's election and last week charged the main opposition presidential candidate, Venâncio Mondlane, with 'incitement to terrorism' for leading protests against those presidential polls. In general, most of these liberation movements' refusal to allow full democracy is the main reason they have not evolved into real political parties. In Zimbabwe, Zanu-PF has systematically suppressed and dismantled any opposition since independence in 1980. Angola's ruling MPLA has also systematically stifled any opposition. Largely because of such manoeuvres, those four liberation movements have remained in power since independence or liberation. Under strong regional pressure, Zanu-PF briefly admitted the opposition Movement for Democratic Change into a coalition government from 2009 to 2013. But it conceded no real power and, in 2013, won another dubious election outright. It has ruled solo since then. Even in South Africa – one of the movement's two genuine democracies – the ANC fell to under 40% of the vote in national elections in 2024 and had to form a government of national unity with the liberal DA as its main partner. In general, most of these liberation movements' refusal to allow full democracy is the main reason they have not evolved into real political parties. For some of the six, the liberation ideology this summit was designed to revive appears to include an attempt to maintain state control over as much of the economy as possible. That has been one of the main causes of economic failure, as public infrastructure such as railways and ports crumbles. For the six movements themselves, there may indeed have been benefits from the summit, not least in picking up tips on how to stay in power despite the odds, and assurances of mutual political support. But for the populations of the six countries, it is hard to see much benefit. It seems unlikely that Ramaphosa's proposed peer review mechanism will see the light of day. And if it does, even less chance it will hold any of the movements accountable – especially for suppressing political opposition. It would appear that the democratic deficit wasn't even mentioned at the summit. Rather ironically, Ramaphosa observed: 'History demands that we don't allow our legacies to be buried under the rubble of revolutionary nostalgia.' Indeed, that is a real danger. And it was revealing that this was billed as a summit of liberation movements – not 'former' liberation movements, as they have described themselves up to now. That change may suggest that these movements, facing growing opposition to their rules, need to assert their continued relevance. The liberation struggle deserves an honourable place in Africa's history. In the present, we need to move on. The struggle – for democracy, prosperity and equality – should indeed continue, but not through this vehicle. Its members mostly can't offer each other good examples of how to achieve that. Zimbabwean President Emmerson Mnangagwa told the summit: 'We have a sacred duty and responsibility to retain power for the purpose of advancing the people's agenda. We should never allow ourselves to lose power.' That captured what appears to be the real purpose of this club – collaborating to stay in power. DM
The Citizen
19 hours ago
- The Citizen
Top 10 stories of the day: Ramakgopa on tariffs and BEE, Aarto commencement date, Mbeki, Appollis and more
Here's your daily news update for Saturday, 2 August 2025: An easy-to-read selection of our top stories. In the news today, Minster of Electricity Kgosientsho Ramakgopa denied suggestions that the United States' 30% tariffs on South African trade was a result of the country's broad-based black economic empowerment (B-BBEE) policy. National government gazetted the commencement dates of the Aarto demerit system in a staggered implementation of the Aarto Act, as the Organisation Undoing Tax Abuse (Outa) and the Construction Education Training Authority (Ceta) engaged in a war of words over alleged corruption. Orlando Pirates' new signing Oswin Appollis made an impressive debut for the Buccaneers in the MTN8, while SA's hottest artists are reflecting on a glitzy evening at the Basadi in Music Vanguard Awards. Weather forecast According to the South African Weather Service (SAWS), rain and showers are also likely in the south-western parts of the country heading into Monday. Otherwise, partly cloudy and cool to warm conditions are expected in other parts of the country, it said. SAWS also said a cold front will hit the Western Cape on Monday, along with rainfall. It expects the cold front and rainfall to move to the Eastern Cape on Tuesday. Stay up to date with The Citizen — More News, Your Way. Ramakgopa dismisses claims US tariffs target BEE policy, but admits it needs tweaking From August, South Africa will be lumped with a 30% tariff on goods traded with the United States after President Cyril Ramaphosa's administration failed to negotiate a deal with their American counterparts. Electricity and Energy Minister Kgosientsho Ramokgopa during a ANC media briefing on 2 August 2025. Picture: X / @MYANC Ramakgopa said the tariffs had 'huge economic implications' as they threatened jobs but said the situation was forcing the country to look for more agreeable trading partners elsewhere. Read more: Ramakgopa dismisses claims US tariffs target BEE policy, but admits it needs tweaking Extortion suspect killed in shootout with Eastern Cape police Police investigating an alleged extortion ring in rural Eastern Cape were in a gunfight with a suspect on Saturday afternoon. Picture: Saps The suspect was travelling with a passenger who left the scene unharmed, but in custody to undergo further interrogation. Read more: Extortion suspect killed in shootout with Eastern Cape police Khampepe Commission is the right platform for Mbeki, Mabandla to tell their story, court rules Former president Thabo Mbeki and ex-justice minister Brigitte Mabandla lost a court battle to intervene in a damages case related to the failure to prosecute apartheid-era crimes. Former president Thabo Mbeki. Picture: Gallo Images The case related to claims that between 1998 to 2017, the government actively blocked investigations into Truth and Reconciliation Commission-referred matters. Read more: Khampepe Commission is the right platform for Mbeki, Mabandla to tell their story, court rules Haven't filed your tax return yet? Here's how to avoid mistakes It is tax season again, which means it is time for taxpayers to stress pleasing the bean counters at the South African Revenue Service. Picture: iStock Here is some expert advice from top professionals in South Africa's investment and finance industry. Read more: Haven't filed your tax return yet? Here's how to avoid mistakes Union expects 'mass exodus' of pilots as 12-day Flysafair strike ends FlySafair confirmed on Friday that its management had signed a formal agreement with the trade union Solidarity to end the pilot's strike. Fkysafair Boeing 737-844 with green and gold in support of the Springboks. Picture: Gallo Images/Jaco Marais However, Solidarity spokesperson Helgard Cronjé believed the mediation process came at a high cost and could have been resolved earlier. Read more: Union expects 'mass exodus' of pilots as 12-day Flysafair strike ends Government announces when Aarto demerit system will start Clauses relating to the Administrative Adjudication of Road Traffic Offences (Aarto) demerit system will come into effect next year. Picture: Nigel Sibanda. Implementation of the act will be done in phases, beginning in December for some municipalities. Read more: Government announces when Aarto demerit system will start 'The public deserves better': Outa and Ceta trade barbs after protest Outa protested outside the Ceta offices earlier this week, with the two organisations trading heated words over allegations of corruption and mismanagement. Outa protested outside the Ceta head office in Midrand on Thursday. Picture: X/@OUTASA Outa CEO Wayne Duvenage is wanting an audience with newly appointed Minister of Higher Education and Training Buti Manamela to discusses the authority's effectiveness. Read more: 'The public deserves better': Outa and Ceta trade barbs after protest Appollis helps Pirates make perfect start to MTN8 title defence Buccaneers debutant Oswin Appollis was on the scoresheet as his new employers registered a win in the MTN8 quarterfinals. Oswin Appollis and Patrick Maswanganyi celebrate a goal during the 2025/26 MTN8 quaterfinal match between Orlando Pirates and Polokwane City at Orlando Stadium in Soweto on Saturday. Photo: Sydney Mahlangu/BackpagePix The win gave new coach Abdeslam Ouaddou the perfect start, who was thrilled with the domestic season-opening victory. Read more: Appollis helps Pirates make perfect start to MTN8 title defence Laconco, Lootlove and Relebogile Mabotja among big winners at Basadi in Music Vanguard Awards The Vanguard Awards recognise women in often-overlooked roles – from managers and producers to stylists and other creatives who drive the industry's success stories. TV personality Luthando 'Lootlove' Shosha won entertainment radio presenter of the year. Picture: Nigel Sibanda The evening also saw special honours awarded to two trailblazing women. Read more: Laconco, Lootlove and Relebogile Mabotja among big winners at Basadi in Music Vanguard Awards
The Citizen
a day ago
- The Citizen
Government announces when Aarto demerit system will start
The national implementation of the Aarto Act has been confirmed with government rolling out regulations in phases Clauses relating to the Administrative Adjudication of Road Traffic Offences (Aarto) demerit system will come into effect next year. In a bulk gazette that contained 16 notices and proclamations, national government on Friday declared the commencement dates for certain sections of the Aarto Act and its subsequent amendment. Implementation of the act will be done in phases, beginning in December for some municipalities. The Aarto Act was passed in 1998, with the amendment containing the demerit system signed by President Cyril Ramaphosa in 2019. Friday's gazette stated that the whole of the 1998 Act, with the exception of Section 29(g), will come into effect for 69 municipalities in 1 December. Sections 17 to 20, section 23 and sections 29 to 35 of the 2019 amendment will also come into effect for those 69 municipalities on 1 December. These municipalities include Johannesburg, Tshwane, Ekurhuleni, Mangaung, eThekwini and Cape Town. Five months later, 144 municipalities receive the same stipulations on 1 April 2026. These include the Knysna, Drakenstein, Bela-Bela, Umvoti and 140 other local municipalities. Section 24, which covers the demerit system, as well as sections 25 to 28 will come in effect for all municipalities from 1 September 2026. Constitutional court case The Organisation Undoing Tax Abuse (Outa) challenged the amendments and took the matter all the way to Constitutional Court. The civil society group asserted that the amendments did not adequately deal with road traffic safety and that it hampered municipalities' ability to regulate their own affairs. 'Outa is of the opinion that the Aarto practical challenges are largely due to poor enforcement, a lack of administrative discipline when it comes to traffic infringement management, and a variety of problems in the management of vehicle and driver licencing,' the organisation stated at the time. In July 2023, the court ruled against Outa, with then Chief Justice Raymond Zondo's judgment declaring that the amendments were constitutional. Employee implications Section 17 of the Act deals with the responsibilities of those who employ drivers. 'Aarto will make employers potentially face administrative and financial burdens for their employees' non-compliance where their driving falls within the employees' key duties and responsibilities,' Weber Wentzel advised previously. The Act requires a company to appoint a proxy to represent company vehicles but the firm state that the proxy will not accumulate demerit points on the drivers' behalf. 'However, the proxy must ensure that the demerit points are allocated to the correct driver.' 'Should the proxy not do so, the employer will be liable to pay the fine at three times the value applicable to ordinary license holders,' WeberWentzel stated. NOW READ: Aarto implementation could result in municipal traffic services 'shutting down'
