Authorities confirm motorists in Gauteng cannot be arrested for outstanding traffic fines under Aarto Act

Johannesburg and Pretoria authorities confirm that the Aarto Act does not allow for arrests over unpaid fines, though licensing blocks remain in place.

By: AXL Media

Published: Mar 3, 2026, 3:05 AM EST

Source: The information in this article was sourced from TopAuto

Limitations on Enforcement Powers

Spokesperson for the Johannesburg Metropolitan Police Department Xolani Fihla has confirmed that officers stationed at roadblocks cannot legally arrest individuals for outstanding traffic fines. Speaking on the increased police presence in Gauteng, Fihla explained that the Administrative Adjudication of Road Traffic Offences (Aarto) Act, which currently governs traffic law in Johannesburg and Pretoria, lacks the provision for such arrests. While officers may encourage or persuade motorists to settle their debts on the spot, they possess no legal authority to compel payment or detain drivers for non-compliance with Aarto notices.

Distinction Between Aarto and Criminal Law

Motorists are advised to remain aware of the critical differences between the Aarto Act and the Criminal Procedure Act (CPA). While Aarto handles civil infringements without the threat of arrest, the CPA remains applicable for more serious offenses where a warrant of arrest has been formally issued. If a driver is stopped and the system indicates an active warrant, they are liable for immediate detention. This dual system creates a complex legal environment where the nature of the specific fine determines the extent of the officer's enforcement capabilities during a traffic stop.

Administrative Penalties and Licensing Restrictions

Although arrest is not a consequence of unpaid Aarto fines, the administrative penalties remain significant. The adjudication process follows a structured timeline involving enforcement notices, courtesy letters, and final enforcement orders. Once a case reaches the enforcement order stage, the motorist is systematically blocked from renewing their driver’s license or vehicle license disc. This administrative "blacklisting" effectively forces compliance by preventing the legal operation of a vehicle until all outstanding debts to the Road Traffic Infringement Agency are resolved.