The Organisation Undoing Tax Abuse (OUTA) has launched an urgent High Court application to slam the brakes on Phase 2 of the Administrative Adjudication of Road Traffic Offences (AARTO) system, arguing that government has switched on enforcement before putting the legally required protections for motorists in place.
The civil action group, known for its successful battle against e-tolls, is asking the court to suspend the implementation of the amended AARTO Act and the 2026 Regulations pending a review of the legality of government's decision to bring them into operation . The application follows presidential proclamations on 29 June which brought the new provisions into effect across 62 municipalities from 1 July, with the regulations published a day later .
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While OUTA maintains it supports stronger road safety measures and effective enforcement against reckless drivers, it insists these objectives cannot come at the cost of fairness, due process, and the rule of law .
At the heart of the legal challenge is the absence of the independent Appeals Tribunal, a key safeguard built into the amended AARTO framework. The legislation expects motorists to use this tribunal to challenge certain administrative decisions, but OUTA argues government has activated the enforcement provisions before ensuring this 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 OUTA Executive Director for Accountability, Advocate Stefanie Fick . "When government removes or limits existing remedies, it has a legal duty to ensure that the alternatives created by Parliament are available and functional. That has simply not happened" .
OUTA is also taking aim at the 2026 AARTO Regulations, arguing they were introduced without meaningful public participation. The organisation contends that this is not a procedural formality but a constitutional safeguard that helps identify practical challenges and promotes transparent decision-making .
"The people expected to comply with the law are often best placed to identify where it may fail in practice. Ignoring those voices weakens both public confidence and the legislation itself," Fick said .
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OUTA has scrutinised AARTO for over six years. Although the Constitutional Court confirmed the constitutional validity of the legislation in 2023, the organisation consistently warned that implementing the system lawfully and practically would present significant challenges . Fick emphasised that this new application is not asking the court to reconsider that constitutionality ruling, but rather to determine whether the government has lawfully implemented the amended system .
Through its urgent application, OUTA is seeking an order to suspend Phase 2 of AARTO pending the review, set aside government's implementation decision, and direct government to comply with all legal and constitutional requirements before any further rollout .
"Government cannot expect millions of people to place their trust in a system when some of its own legal safeguards remain absent. Compliance starts with the government complying with the law," Fick concluded .
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