[May 2013..Dec 2013] The Gauteng E-tolling Thread

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It was unwise of President Jacob Zuma to sign the e-tolling bill into law, the Opposition to Urban Tolling Alliance (Outa) said on Thursday.

"Outa is surprised at this decision, bearing in mind that recent reports indicate the presidency was going to take some time to consider the questions relating to the correct tagging of the bill before signing it into law," chairman Wayne Duvenage said in a statement.

Outa was awaiting the outcome of the Supreme Court of Appeal's (SCA) ruling on its appeal against e-tolling.

It also noted a recent recommendation by the presidential commission reviewing state-owned entities that funding for social infrastructure, including roads, should rely more on taxation rather than the "user pay" principle.

On Wednesday, SCA Judge Fritz Brand reserved judgment on whether the e-tolling of Gauteng's freeways should be reviewed.

The appeal was brought by Outa in its legal challenge against the SA National Roads Agency Limited (Sanral), the transport minister and the national Treasury.

On the same day it was announced that Zuma signed the Transport Laws and Related Matters Amendment Bill into law -- paving the way for e-tolling.

Duvenage said Zuma signing the bill into law meant Sanral could proceed with launching e-tolling in Gauteng.

The company has previously claimed it was ready to roll out in two weeks.

"They would be wise to await the outcome of the Supreme Court's ruling on Outa's appeal in the next few weeks," he said.

"But even if that rules in their favour, Sanral's biggest hurdle has yet to come, that being the public's buy-in and acceptance of its cumbersome and irrational plan."

Duvenage cited Sanral not conducting a meaningful public engagement process, public awareness of European-based company Kapsch TrafficCom profiting from the system, and alleged construction industry collusion causing roads to cost more than they should have.

"Government would be wise to reconsider the merits of this unworkable and unpopular scheme. We have an election looming. Let the people decide," Duvenage said.

The Democratic Alliance said on Thursday that it would continue to oppose e-tolling.

"The DA urges the public not to despair now that the president has chosen to ignore the immense opposition to tolling," spokesman Mmusi Maimane said in a statement.

"We will take our opposition to tolls to the streets, and we will explore every possible angle to fight it here in Gauteng, the courts and in Parliament."

The DA, among other organisations and individuals, helped fund Outa's appeal.

"But the public must know that the surest way to get rid of e-tolls for good is through the ballot box," Maimane said.

E-tolls have been also been rejected by the Congress of SA Trade Unions.

In April 2012, the High Court in Pretoria granted Outa an interdict approving a full judicial review before electronic tolling could be put into effect.

The interdict prevented Sanral from levying or collecting e-tolls, pending the outcome of a review. Sanral and the Treasury appealed the court order.

In September last year, the Constitutional Court set aside the interim order, and in December, the High Court in Pretoria dismissed the application.

The court granted Outa leave on January 25 this year to take the matter to the SCA in Bloemfontein.


Source : Sapa /aw/fg/jje/ks
Date : 26 Sep 2013 11:25
 
OUTA STATEMENT

eTOLL BILL DOES NOT MEAN IT WORKS


Following the President’s passing of the eToll bill into law, OUTA is surprised at this decision, bearing in mind that recent reports indicate the Presidency was going to take some time to consider the questions relating to the correct tagging of the bill before signing it into law. In addition, we await the outcome of the Supreme Court’s ruling on the OUTA appeal as well as the recent recommendation by the Presidential Commission which reviewed State Owned Entities, stating that ‘funding for social infrastructure, including roads, should rely less on user pays and more on taxation’.

With this regulatory box ticked, Sanral may now proceed to launch their highly unpopular eToll scheme in Gauteng. With Sanral’s current dire financial situation and their claim of readiness, one must assume that Sanral will start to toll within two weeks – a claim they have made on a number of occasions in the past. They would be wise to await the outcome of the Supreme Court’s ruling on OUTA’s appeal in the next few weeks, but even if that rules in their favour, Sanrals biggest hurdle has yet to come, that being the public’s buy-in and acceptance of its cumbersome and irrational plan.

Despite their claims to the contrary, Sanral did not conduct a meaningful public engagement process prior to their decision to toll and this is borne out in the widespread condemnation and rejection of the scheme. In addition to the shockingly poor participation process in 2007, other matters have come to the fore which have further irked the public and advanced the levels of intolerance of eTolling. The public are now aware of the high profits (in excess of R650m per annum) that will be earned by the European based Kapsch TrafficCom, funded by Gauteng motorists. We now also know that – due to construction company collusion – the roads cost more than they ought to have. In addition, the enforcement of eTolls will now be conducted through the criminal procedures act (CPA) which makes this matter more difficult.

No matter how elegant policies may look on paper, it is not by the ticking of regulatory boxes that determine the governability of matters of this nature and magnitude. The success of a policy depends on the support and buy-in of society not on the abstract reasoning of transport economists. There are numerous examples where tolling has failed in other parts of the world, due to its rejection and lack of support by the road users. This generally happens when the costs are too high, coupled with other factors such as a lack of transparency, low trust in the Government’s intentions and too many loopholes which make the system unenforceable. All these factors come into play in this specific eToll plan, which we believe will ultimately be its downfall.

Government would be wise to reconsider the merits of this unworkable and unpopular scheme. We have an election looming. Let the people decide.
 
daveza said:
Am I correct that at present Sanral is still bound by the National Credit Act ?
Click to expand...

It wouldn't surprise me one iota if the corruption in chief signed a law exempting them.
 
Last edited:
MEDIA RELEASE



SUBJECT : E-toll Bill: ANC playing cat and mouse with public and intimidating Court of Appeals - FF Plus considering legal action

ISSUED BY : Adv. Anton Alberts

CAPACITY : FF Plus parliamentary spokesperson: Transport

DATE : 26 September 2013



President Jacob Zuma’s signing of the contentious E-toll Bill shows his contempt for the feelings of the South African public and the Freedom Front Plus is of the opinion that there is a political game tied to this issue, Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on Transport says.



According to Adv. Alberts, there are probably three reasons for the president’s decision to have given the green light to the Bill.



The first is that Zuma is possibly planning to use the e-tolls as election gimmick. This puts him in a position to announce drastic cuts in the toll fees shortly before the election or to put a moratorium in place until after the election in order to mislead the public to vote for the ANC.



In so doing the ANC could play cat and mouse with the South African public in a sinister manner.



Secondly, the president sent a message with the signing of the Bill to the judges of the Court of Appeals in Bloemfontein that they should not undermine the government in its plans to institute e-tolls.



The timing to sign the Bill, just after the arguments of the legal teams had been completed and the judges now have to decide about its judgement is aimed at sending a loud message to the judges. The question is whether the judges will themselves to be influenced in this manner.



Lastly, the FF Plus believes that president Zuma had as a result of all the opposition to and a challenging of his authority decided to, despite his legal advisor’s advice which agrees with that of the FF Plus that the E-toll Bill is unconstitutional, impose his own authority and did not listen to good advice.



The FF Plus will now be asking and studying the president’s legal advice following which the party’s legal team will consider bringing an application to have the E-Toll Bill set aside.



In the meantime the FF Plus hopes that OUTA will win its case to have e-tolls declared void, Adv. Alberts says.



Adv. Anton Alberts
 
Where in the world can a (state owned) company be exempted from laws governing companies. Hmmm. Wait.

In SA

some animals are more equal than other animals.
 
Pretty sure the exemption from the NCA, as well as the lack of efficiency and transparency are actually unconstitutional.
But wait, Zuma owns the concourt.

We're ****ed.
 
E-Tolling Act gazetted

The Transport Laws and Related Matters Amendment Act was published in the Government Gazette on Thursday (26 September), the presidency said.

Also known as the electronic tolling bill, it was signed into law by President Jacob Zuma on Saturday, it said.

The announcement was made on Wednesday. On the same day, Supreme Court of Appeal (SCA) Judge Fritz Brand reserved judgment on whether the tolling of Gauteng’s freeways should be reviewed.

The Opposition to Urban Tolling Alliance (Outa) brought the appeal in its challenge against the SA National Roads Agency Limited (Sanral), the transport minister, and the Treasury.

In April 2012, the High Court in Pretoria granted Outa an interdict approving a full judicial review before electronic tolling could be implemented. The interdict prevented Sanral from levying or collecting e-tolls, pending the outcome of a review.

In September last year, the Constitutional Court set aside the interim order, and in December, the High Court in Pretoria dismissed the application.

The court granted Outa leave on January 25 to take the matter to the SCA in Bloemfontein.

http://businesstech.co.za/news/government/46660/e-tolling-act-gazetted/
 
E-tolls: Ja well, no fine

Those who decide against getting tagged when e-tolls come into effect in Gauteng could find themselves at the mercy of the courts, as they may face fines amounting to thousands of rands a month.

This is the view of Howard Dembovsky, chairman of the non-profit Justice Project SA (JPSA). He explains that the South African National Roads Agency's (Sanral's) intended use of the Criminal Procedure Act (CPA) means people who are not tagged and never received summons could also find themselves with criminal records.

Sanral has said it plans to use the CPA to prosecute those who do not stump up the fees within seven days. The draft regulations, which have yet to come into practice, say the agency may follow either criminal or civil processes to collect money.

As president Jacob Zuma has signed the e-toll Bill, or the Transport Laws and Related Matters Amendment Bill, into law, the regulations are one of the last steps before e-tolls can come into effect.

Transport minister Dipuo Peters now needs to proclaim when the law comes into effect, and publish the final tariffs and regulations for a minimum period of 14 days before e-tolls start.

Debt collection

See also

Vusi Mona, GM of communications at Sanral, has said road users will have seven days from the first gantry pass to pay their e-toll transactions. "If the e-toll transaction is not paid within seven days, it is transferred to the violations processing centre (the section of e-toll operations that deals with overdue toll amounts)."

Sanral will hand outstanding fees over to the prosecuting authorities, spokesman Vusi Mona has said.

Sanral will hand outstanding fees over to the prosecuting authorities, spokesman Vusi Mona has said.
Mona said discounts will fall away when transactions are in the violations processing centre, and the alternative toll tariff will then apply. During this stage, transactions will be tallied and an invoice submitted to the road user, who will be given an opportunity to settle the amount payable and – depending on the time within which the fees are paid – post-grace period discounts might apply (another seven days).

If drivers do still not pay, a final demand will be sent out and the "issue handed over to the prosecuting authority", said Mona.

Flawed

Dembovsky explains that Sanral's use of the CPA means summons will have to be served. However, as process servers get between R27 and R38.50 for each summons that is served, there are instances in which the server claims it was served, even though the recipient refused to sign for it.

Using the Criminal Procedure Act to collect outstanding e-toll fees is tantamount to financial blackmail, says JPSA chairperson Howard Dembovsky.

Using the Criminal Procedure Act to collect outstanding e-toll fees is tantamount to financial blackmail, says JPSA chairperson Howard Dembovsky.
Under the CPA, summons must be served at someone's work or home address, but anyone over 16 can sign for it, says Dembovsky. However, because people refuse to sign and some servers are unscrupulous, delivery cannot be proven one way or the other, he notes.

This would lead to people failing to appear in court, and warrants of arrest being issued, says Dembovsky. He adds that the practice of non-delivery can be extrapolated through the amount of people who are arrested at roadblocks for unpaid speeding fines, as he cannot believe so many people would ignore a warrant.

Mona has said, as part of Sanral's enforcement strategy, "mobile units with traffic officers will be stationed at on- and off-ramps, and will also roam the Gauteng e-roads for enforcement of outstanding infringements".

Forty-nine gantries span Gauteng's highways. Toll fees are charged per overhead gantry passed, rather than the kilometres a vehicle travels. Each time a vehicle passes underneath a gantry, the toll fee is charged as a single transaction – with the cost per gantry being determined by the kilometre distance it represents.

Financial blackmail

Dembovsky says when people go to court, they will pay a fine for each gantry for which there is an outstanding fee. They will also have to pay a contempt of court fine if a warrant was issued.

Don't assume Gauteng is a lawless society, says Sanral CEO Nazir Alli.

Don't assume Gauteng is a lawless society, says Sanral CEO Nazir Alli.
Even if someone only drives under two gantries a day, this would amount to 80 a month, says Dembovsky. Although not yet clarified, he expects the fine to be around R250 for each gantry, taking the total criminal fine to R20 000.

In addition, says Dembovsky, motorists will face a R300 contempt of court fine, as well as a civil fine of R1 500. While it is not yet clear whether the civil fine will be applied to each offence, Dembovsky says that should be the case, as the civil fine cannot be applied differently to a criminal one.

He notes that, in the example of two tolls each way to work, a motorist would have to stump up R120 000 in civil fines for one month; or several hundred times the toll fee. This takes total fines to R140 300. "It is essentially financial blackmail."

In addition, Dembovsky points out, Mona has been saying motorists who end up being prosecuted under the CPA will also have a criminal record. This process is so unattractive that it forces motorists to concede there is only one choice: get tagged, he adds.

Outa chairperson Wayne Duvenage previously said the criminal justice system does not have the capacity to deal with a deluge of thousands of e-tolling cases per month. "We have maintained before and continue to state that e-tolling is unworkable and unenforceable."

Sanral CEO Nazir Alli yesterday told 702 Eye Witness News that it shouldn't be assumed that Gauteng is a lawless society.

"I think once people actually start to see and enjoy the actual benefits of the thing and recognise that it is a contribution that they are making to the upkeep of the infrastructure and paying for the service they are getting, people will pay," he told the radio station. "So I am not as pessimistic as most of the people around to say there will be widespread lawlessness. We are a law-abiding society in South Africa."

Department of Transport spokesman Tiyani Rikhotso was not immediately available this morning and Sanral had not reverted, after a request for comment, at the time of writing. It indicated the query was receiving its attention.

http://www.itweb.co.za/index.php?op...cle&id=67686:E-tolls-Ja-well-no-fine&catid=69
 
How hard is it to form a taxi association of our private vehicles and just avoid paying this rubbish at all?
 
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