After a long and convoluted process, the Administrative Adjudication of Road Traffic
Offences Act (46 of 1998) (AARTO) was scheduled to take effect on 1 July 2022.
AARTO was designed to encourage responsible habits within the motoring public by
implementing a points demerit system which could ultimately result in the
suspension and / or cancellation of a motorist’s driver’s license.
In an Application before the Pretoria High Court, the Organisation for Undoing Tax
Abuse (OUTA) raised concerns that the National Government had encroached on
executive power conferred exclusively on Provincial Government and Local
Municipalities. On 13 January 2022 the implementation date was brought to an
abrupt halt when the Court agreed with this position and ruled that both the AARTO
Act and AARTO Amendment Act (4 of 2019) were unconstitutional and invalid.