The Gauteng E-tolling Thread

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Wyzak said:
Yep, they are trying to get the best of both worlds and to be exempt from all consumer protection acts. Will the courts allow this? I hope not.
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Are damages allowed to exceed actual losses incurred by the "victim"? By what margin?
 
Sinbad said:
SO would it be in essence a damages award?
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This all just raises more questions in my mind.

Where does the R1000 fine for the *criminal* offence of not paying a toll as per the SANRAL Act fit into this?

Are they trying to go the civil route so that the money winds up in their coffers and not the state's?

On what basis can they be awarded civil damages in the absence of any contract between themselves and the motorist?
 
Sinbad said:
Are damages allowed to exceed actual losses incurred by the "victim"? By what margin?
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Up to the judge to decide.

They are taking massive chances with this whole saga. It could all blow up in their faces, and I'm not just talking about this weekend's threat ;)
 
IzZzy said:
A fine is one of the possible punishments following a criminal convinction. There is no such concept of a fine in civil law, only damages. Damages is the calculation of the amount of loss which you have sufferred or incurred.
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Semantics ;)
 
Wyzak said:
Semantics ;)
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Not really. That fine won't be going directly to SANRAL. SANRAL would still need to enforce its debt against you through normal execution processes (i.e. summons, attachment and execution).
 
IzZzy said:
Not really. That fine won't be going directly to SANRAL. SANRAL would still need to enforce its debt against you through normal execution processes (i.e. summons, attachment and execution).
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To whom will the fine be going then? Don't say government, because SANRAL is part of the government.
 
Wyzak said:
To whom will the fine be going then? Don't say government, because SANRAL is part of the government.
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The State then. But it is not specifically allocated to SANRAL and SANRAL has no right to receive those funds.
 
Wyzak said:
To whom will the fine be going then? Don't say government, because SANRAL is part of the government.
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SANRAL may be part of government but criminal fines would presumably go into the fiscus and not directly into SANRAL's account. SANRAL would only see that money if government allocated it back to them, and we all know how that works - e.g. the fuel levy.
 
Psh, this whole saga has made it blatantly clear that SANRAL is able to pull any strings they want to in government or they have full support from government. Why else do you think JZ would appoint a new judge and have her hear the most important case in 2013 on her first day in office? She ruled in SANRAL's favour btw.

The whole competition commission fine on Telkom was just a way for the majority shareholder (government) to get a dividend without having to pay a cent to any of the other shareholders.
 
Anyone else receive this email yet?

Please circulate this on to EVERYONE YOU KNOW today!!
Don’t buckle Gauteng highway users! We are winning!
Dear All

SANRAL with assistance of the Metro Police are setting up Illegal roadblocks, to try to force people to register for E-tags – which CONSTITUTIONALLY they cannot do!
Know your rights! And Leave these Roadblocks TOLL-FREE!!
For the ETOLL system to work SANRAL needs 78% compliance.
Of the current estimated 985 322 vehicles passing through the gantry’s, only 1 339 (cowardly) South Africans, who DO NOT KNOW THEIR RIGHTS – have actually registered for an eTAG!
SEND THIS OUT TO EVERYONE YOU KNOW TODAY!! DO NOT SUCCUMB!!
On Tuesday of the +-900 000 cases of vehicles passing through the William Nicol plaza only +- 1300 cars were E-tag registered.
Don’t be scared, they can’t force you to do anything.

If you do get pulled over in a roadblock as described above, please call the “Justice Project of South Africa” on 087 809 0399.
Alert them of the roadblock and they will send some personnel to shut the Roadblock down.

Alliance Against Urban Tolling statement at 5pm yesterday reported that of the in-situ electronic sensors confirming 985,322 vehicles passed through William Nicol gantry, only 1,339 are SANRAL registered. This is a massive setback for SANRAL!
They are being forced to send out millions of accounts, which they cannot a) pay for, or b) recoup. We are winning! Keep Resisting!
THE SYSTEM IS CLOSE TO COLLAPSING

KEEP RESISTING WITH PERSISTANCE – AND LET’S SHOW THIS GOVERNMENT HOW WE MAKE THE PEOPLE’S CHOICES – FOR THE PEOPLE, BY THE PEOPLE!!

KEEP STRONG SOUTH AFRICANS – WE LOVE YOU FOR KNOWING AND STANDING BY YOUR RIGHTS!!

Make this message go VIRAL today!!

Please SHARE with everyone✔


GET CONSCIOUS ABOUT YOUR RIGHTS, FREEDOMS and what eTOLLS are and aren’t!
31 January, FroLounge, Melville, 7pm
We will be covering your RIGHTS and FREEDOMS in regards to South Africa eTolls at our first Consciousness Evening in Melville – Friday 31st January, starting from 7pm.
Come and connect, network, learn and get to know your fellow South Africans… whilst having fun!!
Contact Lynda Gibson – Cell: 083 230 6462 – for more information in regards to this event.
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Hogwash. Crap like this does more harm than it does good.
 
On Tuesday of the +-900 000 cases of vehicles passing through the William Nicol plaza only +- 1300 cars were E-tag registered.
Don’t be scared, they can’t force you to do anything.
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Bunch of made up stats.

If you do get pulled over in a roadblock as described above, please call the “Justice Project of South Africa” on 087 809 0399.
Alert them of the roadblock and they will send some personnel to shut the Roadblock down.
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JPSA have disavowed themselves of this made up nonsense
 
Wyzak said:
Psh, this whole saga has made it blatantly clear that SANRAL is able to pull any strings they want to in government or they have full support from government. Why else do you think JZ would appoint a new judge and have her hear the most important case in 2013 on her first day in office? She ruled in SANRAL's favour btw.

The whole competition commission fine on Telkom was just a way for the majority shareholder (government) to get a dividend without having to pay a cent to any of the other shareholders.
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It ruled that it wasn't urgent
 
Wyzak said:
The whole competition commission fine on Telkom was just a way for the majority shareholder (government) to get a dividend without having to pay a cent to any of the other shareholders.
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Must admit this is a very clever way of thinking ;)
 
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