Legal Update: Proposed Legislative Changes - Lifetime Driving Licence Ban Proposed for Drunk Drivers

Motorists convicted of driving under the influence of alcohol may soon face far harsher consequences, including a lifetime ban from holding a driving licence, following proposals by Parliament’s Portfolio Committee on Transport.

The proposed sanctions come in response to the release of the 2025/26 festive season road safety statistics, which have prompted renewed calls for urgent legislative intervention to address South Africa’s persistently high rate of road fatalities.

Important legal note: These measures are proposals only and have not yet been enacted into law. Existing provisions of the National Road Traffic Act remain applicable until any amendments are formally passed by Parliament and implemented.

Parliamentary Committee Calls for Tougher Sanctions

While road fatalities decreased marginally by 5% over the festive season, the data revealed a troubling increase in alcohol-related offences. According to the Department of Transport, 8 561 drivers tested positive for alcohol out of 173 695 tested, representing a 144% increase compared to the previous year.

Portfolio Committee chairperson Donald Selamolela stated that current penalties are not acting as a sufficient deterrent and that stronger measures are required. He emphasised that responsibility must be firmly placed on offenders, suggesting that drivers who violate alcohol-related road laws should face severe consequences, including a permanent prohibition from driving.

Zero-Tolerance Alcohol Policy Under Consideration

Transport Minister Barbara Creecy has announced plans to urgently amend the National Road Traffic Act, specifically section 65, which currently allows a limited blood alcohol concentration for drivers. The proposed amendment would introduce a zero-tolerance policy, effectively banning any alcohol consumption for motorists.

The Minister noted that speeding and drunk driving remain the leading causes of road accidents in South Africa and that legislative reform is a critical step in reducing preventable deaths.

Strong Support from Road Safety Activists

The proposed amendments have been widely welcomed by road safety organisations. Caro Smit, founder of South Africans Against Drunk Driving, expressed full support for a zero blood alcohol limit, noting that the current system is confusing and dangerous for motorists.

Smit highlighted that alcohol-related crashes account for an estimated 57% of all road accidents and are a leading cause of death among young adults and economically active individuals.

Similarly, Alida Venter, founder of Drive More Safely, described the announcement as “long overdue”. Venter, who lost her son and daughter-in-law in alcohol-related crashes, stated that zero tolerance is essential to saving lives on South Africa’s roads.

However, she cautioned that practical challenges must be addressed, including concerns around certain medications that contain alcohol as a preservative. Venter stressed that thorough research and careful legislative drafting are necessary to avoid legal challenges once the amendments are implemented.

Labour Organisations Endorse Legislative Reform

Major labour organisations have also expressed support for the proposed changes. Cosatu welcomed the move, citing the devastating social and economic consequences of alcohol-related road deaths. Parliamentary co-ordinator Matthew Parks described the proposed amendment as a “badly needed intervention” and confirmed Cosatu’s commitment to lobbying Parliament to expedite the process.

The Public Servants Association (PSA) echoed these sentiments, emphasising that even a single road death is unacceptable. The PSA further suggested exploring technological interventions, including vehicle systems capable of detecting alcohol impairment and driver fatigue.

Enforcement and Judicial Challenges Remain

Despite broad support for stricter laws, road safety advocates have warned that legislative reform alone will not be sufficient. Persistent challenges in enforcement and the criminal justice system remain a concern.

Venter highlighted ongoing delays in blood sample testing, which can take several months and often result in cases being struck from the court roll. She stressed the need for closer cooperation between traffic authorities and the Department of Justice to ensure that offenders are effectively prosecuted.

Looking Ahead

If implemented, the proposed amendments could mark a significant shift in South Africa’s approach to road safety, signaling a move towards zero tolerance and harsher penalties for drunk driving. While the proposed lifetime licence ban represents one of the most severe sanctions to date, lawmakers and activists agree that meaningful change will depend on effective enforcement, efficient prosecutions, and coordinated action across government departments.

Until such legislative amendments are finalized, motorists remain subject to the current legal blood alcohol limits and penalties under the National Road Traffic Act.