Maladministration might result in the delay of the forthcoming Demerit System.

The controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act which was due to come into effect as of 1 July 2021 might be delayed due the start of a forensic investigation into alleged maladministration at the Road Traffic Infringement Agency (RTIA). A number of senior employees have reportedly been suspended and it’s believed that the suspensions are tied to financial maladministration.

The Aarto bill was signed into law in 2019 by President Cyril Ramaphosa with the aim of improving road safety in South Africa. In October 2020, Transport Minister, Fikile Mbalula, gazetted the 540-page Aarto regulations detailing how the demerit system will work.

Essentially, the Aarto Act allows for a demerit system whereby a person, operator or company is liable to pay a penalty as well as incurring a points penalty related to the particular traffic infringement. Once a maximum amount of demerit points (15 points) are reached, then the person and vehicle will be disqualified from driving for a period of time (3 months). Offence points range from 1 to 6, depending on the severity of the offence. After 3 disqualifications, the driver’s licence will be cancelled and that person will have to apply for a new learner’s license and driving licence after the disqualification period has come to an end.

The Road Safety Project (RSP) commented on the latest developments, “Similar points systems overseas have proven to be one of the most effective means to increase road safety. Unfortunately, the investigation into RTIA is revealing that AARTO appears to be more concerned with the financial benefit of traffic penalties rather than improving road safety. “As a result of these findings, public buy-in and support is likely to be seriously impacted. This is in a climate where the public was already sceptical of the system before any maladministration was found. Until a resolution to the concerns is found, the planned implementation of AARTO on 1 July will need to be delayed.”

The RSP has further urged the Department of Transport to realign its objectives to best serve road safety. “Instead of the good that could be realised, the regulation is now mired in controversy. Fortunately, the findings have been made early and provide the Department with ample opportunity to realign proceedings in order to rectify any concerns or potential maladministration and instead prioritise road safety. The RSP urges the Department to act swiftly and decisively so that the focus of AARTO returns to increasing road safety rather than profits. Let this not be an irreparable blow to the potential that AARTO could have in reducing the number of lives lost on South African roads,” said the RSP.

We will keep you updated as soon as further information regarding the Demerit System comes to light.

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