Q&A with Monde Mkalipi of the Road Traffic Infringement Agency on phase two of the ambitious Administrative Adjudication

Phase two of the ambitious Administrative Adjudication of Road Traffic Offences (Aarto) Act is belatedly being rolled out in 62 municipalities. Chris Barron asked Monde Mkalipi of the Road Traffic Infringement Agency ...

Is the appeals tribunal in place?

The process of appointing people for this is under way.

So it’s not up and running yet?

Some members have been appointed, so it is up and running.

What about the points demerit system?

Its rollout date will be determined by the minister of transport in due course.

As Aarto’s chief selling point, shouldn’t there have been more urgency about its rollout?

It should come in nationally at the same time because it’s the core of the Aarto process.

How dependent is Aarto on functional municipalities?

We are working with municipalities. It is due to the co-operation we have had from municipalities ...

Why are they saying they’re not ready to deliver Aarto?

Those coming aboard in July have indicated they are ready.

Why did the South African Local Government Association approach the high court to stop phase 2 because it says they’re not ready?

All 62 municipalities coming in now are ready, hence the court matter was dismissed.

What about the 151 municipalities supposed to be coming in in phase 3?

We are engaging with them, so they should be ready to come on board and implement the system as well.

How can they implement the system when they’re dysfunctional?

Aarto is a national road safety intervention. We should really keep our eyes on that. The system will make sure that road users who commit infringements in those jurisdictions or municipalities will be held accountable one way or another.

Judging by the auditor-general’s reports, it will be a long time before municipalities are ready to play their role in this, won’t it?

What is urgent now from our point of view is the high number of road fatalities. Hence, we are bringing in Aarto as an intervention so that whoever violates traffic laws in any municipality is held accountable.

To what extent does the system depend on a functional South African Post Office?

We have identified challenges with regard to registered mail and hence are bringing in electronic services to assist to ensure that the Post Office is effective in terms of serving Aarto documents.

Its ability to serve infringement notices is critical to Aarto’s success, isn’t it?

That is correct, yes, because by law we are obliged to work with the Post Office.

Is it a problem for you that the Post Office is in business rescue?

The Post Office has presented a very workable plan to us to make sure Aarto is going to be able to serve documents within the stipulated timelines of the Aarto Act. Otherwise, such documents might be open to challenges and disputes and having road users submitting representations.

Would it be fair to say you’ve ignored the warnings of civil society groups that Aarto is going to be an administrative disaster?

We have identified all challenges and are convinced it is going to be a big success.

They’re saying that Aarto is reliant on institutions that don’t have the capacity to deliver.

In terms of the preparations, we have come up with an approach that looks at all the significant elements.