The Organisation Undoing Tax Abuse (Outa) has launched an urgent high court application to suspend phase 2 of the Administrative Adjudication of Road Traffic Offences (Aarto) system, saying the amended legislation has been implemented before key legal safeguards were put in place.An outspoken critic of Aarto for years, the civil action organisation wants to halt the rollout while the court reviews the legality of the president’s proclamation bringing the Aarto Amendment Act and the accompanying 2026 regulations into force. Phase 2 came into effect across 62 municipalities on July 1.Outa said it supports stronger road safety measures and effective enforcement against reckless drivers, but argued these must be implemented in a manner that complies with the constitution and the rule of law.Outa’s executive director for accountability, advocate Stefanie Fick, said the case is not about challenging the constitutionality of Aarto, which was confirmed by the Constitutional Court in 2023, but about whether the government has lawfully implemented the amended system.“Every South African benefits from safer roads and effective traffic law enforcement. Outa has never opposed measures that improve road safety or hold reckless drivers accountable,” said Fick.“What we cannot accept is government enforcing a new legal regime before putting the protections promised by the system in place. Government expects motorists to comply with the law. It must be prepared to meet the same standard.”One of Outa’s main concerns is the absence of the independent appeals tribunal, an essential safeguard built into the amended Aarto framework which would allow motorists to challenge certain administrative decisions. Outa argued the government has activated the enforcement provisions before ensuring the independent mechanism is operational.“In simple terms, government has switched on enforcement before switching on one of the most important protections available to motorists,” said Fick.The organisation said the 2026 Aarto regulations were introduced without meaningful public participation, despite affecting millions of motorists, municipalities, fleet operators and businesses. It argued public consultation is a constitutional requirement that helps identify practical implementation issues and promotes transparent lawmaking.Outa said the amended Aarto system significantly changes how traffic infringements are administered, how motorists challenge decisions and how the demerit points system may affect driving licences. It said the government can’t expect public compliance while key institutions and procedures remain incomplete.Through its court application, Outa is seeking an order suspending phase 2 of Aarto pending the outcome of the review, setting aside the government’s decision to implement the amended legislation and publish the 2026 regulations, and directing the government to comply with all legal and constitutional requirements before proceeding further.Aarto has been at the centre of several legal challenges. The most recent was on June 30 when the North Gauteng High Court in Pretoria dismissed the case by the South African Local Government Association (Salga) to halt the rollout of the long-delayed system. Salga was concerned about the funding model underpinning the act and its regulations, and said the rollout placed an unsustainable financial burden on municipalities The system is the government’s plan to remove the administration of minor traffic offences from traditional criminal courts and handle them administratively. With Aarto, drivers will be allocated points for offences and face suspension or cancellation of their licences if they accumulate too many, in addition to a fine. Aarto has been piloted in Tshwane and Johannesburg for more than a decade without the licence demerit system, but several previous attempts to expand its implementation have been delayed. Licence demerit points were not part of the July 1 Aarto rollout and will be implemented during a later phase.Business Day