New demerit system: 15 points and your licence will be suspended for three months

WILL South Africa's new demerit point system reduce road fatalities? The Road Traffic Infringement Agency (RTIA) believes it will, as they prepare for a rollout by September 2026.

However, local community organisations are not optimistic about the demerit system considering the state of lawlessness on the country’s roads.

The demerit point system will see motorists receiving penalty points for various road infringements.

Every motorist will start at zero. The cap is fifteen demerit points, when motorists risk losing their driver's licence. 

RTIA spokesperson Monde Mkhaliphi says 85% of road crash fatalities were due to human-related factors while 15% were attributed to vehicle related and road environment factors. 

He said they hoped the demerit system would reduce road fatalities. 

“The demerit point system is one of the provisions of the AARTO Act, which is being implemented as a deterrent for road users so they can change their behaviour on the roads. This is being put in place to ensure that road users change the way they drive. In other countries this system reduced road fatalities by 15 to 20%,” said Mkhaliphi. 

“Infringements committed on the roads upon admission of guilt after payment result in demerit points. Excessive speeding, driving over the speed limit by 50km/h, will be a criminal matter. You will have to go to court and upon admission of guilt, six demerit points will be attached. The same implementations will be made for driving under the influence of alcohol. They are both serious violations,” he added. 

He said those exceeding 15 demerit points would have their driving licenses suspended for three months. 

“Once you go over 15 demerit points, every point after will result in a three month suspension. If you go over by three demerit points, you will be off the roads for nine months. 

“However, demerit points are not permanent. For every three months that you drive well, one demerit point would fall away but if you exceed 15 demerit points more than twice, your driver’s licence will be taken away by the state and you will have to go through a mandatory rehabilitation program,” said Mkhaliphi. 

He said failure to adhere to a suspension would be a criminal offence.

“The system will remove you off the roads, even if you are a breadwinner. You will not be able to drive trucks, ambulances, taxis or any form of driving you use to support your family. You will have no income because you will be off the road.

“There is also a misconception that this system is only directed at taxi drivers. That is not the case, it is for all road users. Even pedestrians will be fined by regulations because you are not allowed to walk on foot on the national roads. Almost 40% of people who die on our roads are pedestrians. They put their lives in danger and they are deemed not safe to use the roads,” said Mkhaliphi. 

KZN MEC for Transport Siboniso Duma said he approved the use of the demerit point system.

“We are grateful that eThekwini Municipality has been earmarked as one of the first municipalities to roll out the system. It is critical in Durban due to the high number of incidences with drinking and driving. It is the leading cause of road fatalities, over the weekend, 77 motorists were arrested for drinking and driving. Our statistics and data from the Road Traffic Management Corporation indicate that 27.1% of fatal crashes are related to driver alcohol intoxication,” said Duma. 

Johan Jonck from Arrive Alive said he had seen the system work well in other countries. 

“A points demerit system is effective in other countries. We have to recognise, though, that any system is as good as the actual implementation and the professionalism of those applying/ enforcing it. If we can have it applied and enforced without any corruption it will definitely help to make road users more cautious, alert and reduce road fatalities,” said Jonck. 

Jimmy Naidoo, chairperson of the Northern Areas ratepayers and residents association in Pietermaritzburg said he does not see the system taking effect if road users did not respect the law. 

“Drivers have no respect for the law. The demerit point system is a good idea but I feel that people in the country would not care. If it is not implemented properly, then it means nothing. If it works, I will be happy. But do they have the tools to put the plan into motion? For the system to work, we need more manpower to implement the law. We do not even have working road traffic cameras. We are very good at coming up with strategies and planning but not enforcing rules. So I am skeptical that this will work but I will be happy if it does,” said Naidoo. 

Asad Gaffar, the chairperson of the EThekwini Ratepayers Protest Movement (ERPM) and Westville Ratepayers Association said he does not have faith the system would work. 

“The system has its pros and cons. I do not think that the demerit point system would curb bad behaviour especially with regards to taxis. I do not think there is sufficient law enforcement in the first place. What will curb accidents is visible policing which we do not have,” said Gaffar.

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