SALGA asks court to halt AARTO Phase 2 over unfunded municipal costs

The South African Local Government Association (Salga) has launched an urgent application in the Gauteng High Court, Pretoria, seeking to interdict the start of Phase 2 of the Administration and Adjudication of Road Traffic Offences Act (AARTO), scheduled to begin on July 1.

Why Salga is going to court

Salga says its application follows repeated engagements with the Department of Transport and the Minister of Transport about unresolved financial implications of AARTO for municipalities. The association told the court the current regulations, published in October 2025, impose financial burdens on municipalities without providing a sustainable financial model to ensure effective implementation.

In engagements dating back to 2022 and more recently since November last year, Salga warned that the proposed financial arrangements would lead to municipalities spending more than they can earn, effectively forcing local government to subsidise implementation at the expense of other functions. Salga says the department has not provided meaningful consultation or practical solutions.

Timing and remedies offered

Salga rejected offers made by the minister this month, which included participation in preparatory meetings, convening a workshop, and reviewing regulations within six months, saying these are inadequate and come too late to address the fundamental issues before implementation.

Intergovernmental dispute and demands

Earlier this month Salga resolved to pursue an intergovernmental dispute under the Intergovernmental Relations Framework Act (IGRFA). The dispute, Salga says, concerns the timing and financial model of AARTO implementation and the need for municipalities to have meaningful input into regulations that affect their operations and budgets.

Salga says it is seeking an order that Phase 2 be interdicted until the IGRFA dispute is properly ventilated and resolved. The association framed its legal move around the principle of cooperative governance and the need for meaningful consultation, transparency and fairness when obligations affecting municipalities are imposed.

“The urgent application is grounded in the principle of cooperative governance and Salga believes that effective intergovernmental relations require meaningful consultation, transparency, and fairness. Municipalities, which are the frontline of service delivery, cannot be expected to absorb unfunded mandates that compromise their financial viability,”

Potential consequences, and Salga’s position

Salga warned that implementing AARTO without resolving the funding model would undermine local government’s ability to enforce road traffic laws effectively, weakening the objectives of the Act. At the same time the association reiterated its support for AARTO’s road safety aims and said it remains committed to working with national and provincial government, provided implementation is financially sustainable and equitable.

In filing the urgent application, Salga said it is acting to protect municipal financial sustainability, uphold cooperative governance principles, and ensure AARTO implementation does not compromise service delivery. It called on the department and the minister to provide an undertaking that Phase 2 will not be implemented until funding concerns are resolved and the intergovernmental dispute process is concluded.

Next steps

The Gauteng High Court, Pretoria, is scheduled to hear Salga’s urgent bid this week.