The Organisation Undoing Tax Abuse (OUTA) has launched an urgent High Court application to suspend the second phase of the Administrative Adjudication of Road Traffic Offences (AARTO) system, arguing that government implemented the amended legislation before key legal safeguards were in place.
The latest court action follows the roll-out of Phase 2 on July 1, which proceeded after the South African Local Government Association (SALGA) was unsuccessful in its bid to halt the implementation. Government maintained that the expanded roll-out would continue despite that legal challenge.
OUTA said it was not challenging the Constitutional Court's earlier ruling that upheld AARTO's constitutional validity. Instead, it is asking the High Court to review whether the amended system was lawfully implemented.
Central to its application is the absence of the independent Appeals Tribunal provided for under the amended AARTO framework. OUTA argues that motorists should have access to the tribunal before the amended enforcement provisions take effect.
The organisation has also questioned the process followed in introducing the 2026 AARTO Regulations, arguing that they were finalised without adequate public consultation.
Through its application, OUTA is seeking an order suspending Phase 2 while the court considers the legality of government's decision to implement the amended legislation.
The application is separate from SALGA's earlier legal challenge. Unless the court grants interim relief, the Phase 2 roll-out will remain in effect while the matter is before the court.
Government had not publicly responded to the latest application at the time of writing.
