The Gauteng E-tolling Thread

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http://www.iol.co.za/news/crime-courts/judge-s-decision-on-e-tolls-imminent-1.1660407#.UyFXz_mSx8E

Johannesburg -

Judgment is expected to be handed down in the Western Cape High Court on Thursday as to whether the e-tolling legislation was unconstitutional and invalid.

Last week Wednesday, judgment was postponed by Judge Owen Rogers. He said he needed time to deliberate on arguments around the tagging of the Transport Laws and Related Matters Amendment Act.

The Democratic Alliance approached the court to have the amendments declared unconstitutional and invalid because they had not been passed according to what it deemed to be proper procedure, which would be with input from the provinces.

The bill was tagged as a section 75 bill - an ordinary bill not affecting provinces - rather than a section 76 bill, which does affect provinces.

The respondents in the application are President Jacob Zuma, National Assembly Speaker Max Sisulu, National Council of Provinces chairman Mninwa Mahlangu, Transport Minister Dipuo Peters, the South African National Roads Agency Limited (Sanral) and the National Treasury. - Sapa

So today we find out if we have an independent judiciary, or just an ANC puppet show.
 
SANRAL’s FUEL LEVY ARGUMENT “BEYOND SIMPLISTIC”

The Opposition to Urban Tolling Alliance has again noted Sanral spokesman Mr Vusi Mona’s extraordinary incoherence in trying to justify e-tolling as a better source of revenue than a national fuel levy. Following Sanral CEO Nazir Allis campaigning in KwaZulu Natal last week Mr Mona turned up in Cape Town this week at a special media event in the Western Cape to try to rationalize Sanral’s tolling ambitions in the province.

“Mr Mona’s arguments about the supposed “unfairness” of using the fuel levy fund for road construction reveals a great deal more than Mr Mona intended. He clearly does not understand fiscal budgeting and long term financial planning” says Wayne Duvenage, OUTA chair who added “In Mr Mona’s attempt to talk down the fuel levy as a funding mechanism for road infrastructure he was quoted as saying that about R42bn was collected (annually) by the Treasury from the fuel levy nationally. Sanral receives an allocation from that. While that is indeed so, he then went on to say that ‘because the GFIP cost R20 Billion, it would be unfair to the rest of the country for 50% of fuel levy to be spent on Gauteng’. No-one has ever said or expects that the entire cost of the GFIP should be paid for in a single year. The loan amount needs only to be paid off over a twenty year period, which works out at R1.9bn per annum (including interest) which is less than 5% of the annual income from the fuel levy. Why has his boss not explained to Mr Mona that bonds for capital infrastructure development are not the same as borrowing money to pay for annual school fees.”

Furthermore, both Mr Mona and Mr Alli have said that revenue from designated fuel levies were now declining worldwide because of improved engine technology and fuel efficiency. “What extraordinary logic is that? While the quality of engine technology may be improving, the ever increasing quantity of motor vehicles using the roads continues to push the fuel levy yield up” says John Clarke, OUTA spokesperson. “Moreover, in the past three years since the completion of the GFIP, Treasury has increased the fuel levy by 31% to R2.34 per litre, thereby accumulating another R12bn per annum into government coffers, enough to effectively finance five new Freeway Improvement Projects of R20 Billion each, without the need for added costs of e-toll collections. Sanral is not helping to advance the policy debate by such ridiculous arguments. To call them ‘simplistic’ is too dignifying. They are just plain stupid.”

“The best that can be said of Mr Alli’s utterances in Durban last week and Mr Mona’s claims made in Cape Town this week is that Sanral have helped do what OUTA was planning to do anyway – alert KZN and W Cape residents to the national implications of the Gauteng E-tolling.”

OUTA recently received information from a reliable confidential source close to the system that has confirmed speculation that Sanral’s ambition was always to extend e-tolling throughout the country. “We have learned that the Midrand Central Operations Centre was planned and built to cater for thousands of km’s of roads, not just the 187 km’s of the GFIP and now ranks as the second largest storage array in the Southern Hemisphere” says Clarke. “This completely contradicts Advocate Jeremy Gauntlett’s recent argument in the Cape High Court that ‘the type of e-tolling facilitated by the collection method envisaged by the amendment bill is, and remains, highly unusual. It is only appropriate in very confined circumstances’. Mr Alli has yet to explain the contradiction between what his counsel argued in court and the clear intention to take e-tolling way beyond the confines of Gauteng,” says Clarke.

source
 
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One of the most miraculous revolutions that ever happened was how India threw off their colonial masters. Under the guidance of Ghandi they did not resort to violence, they simply refused to obey the commands of the colonial leaders and hence made themselves ungovernable. I am really hoping that the eToll system will suffer a similar face. If we all just refuse to pay they can't do a thing. A government can only enforce what the people allow it to enforce.
 
I recieved an SMS this morning stating that I owe R82.35, it gives a reference no. and thats it, no car reg no. (I own 2 cars) nothing? I only can remember driving under-through 2 ****ries months, I have recieved no letter with proof. Just an SMS is not good enough for me to pay that amount!
 
After waiting about 2 months the letters started coming. And do these people know how to waste paper...

My outstanding amount is around R1200 and I only use the highway twice a month (Pta and back x2). One has to wonder what kind of epic bills have been raked up over the past 4 months by regular users. :D
 
One of the most miraculous revolutions that ever happened was how India threw off their colonial masters. Under the guidance of Ghandi they did not resort to violence, they simply refused to obey the commands of the colonial leaders and hence made themselves ungovernable. I am really hoping that the eToll system will suffer a similar face. If we all just refuse to pay they can't do a thing. A government can only enforce what the people allow it to enforce.

100% correct, but I have my doubts about the strength of conviction of many SA'ns - let's hope we are enough that are prepared to take a stand against this abuse of our taxes and rights
 
just guessing here, but probably on the basis of "I desperately want to keep my job....."

My theory varies slightly: the judiciary are biased in favour of etrolling because their pension money was invested by the PIC into the GFIP and is therefore tied to the impossible success of etrolling.
 
My theory varies slightly: the judiciary are biased in favour of etrolling because their pension money was invested by the PIC into the GFIP and is therefore tied to the impossible success of etrolling.

as Sinbad mentioned, 3% (AFAIK actually 2%), which is nothing and for which this corrupt govt can stand in for, so I will say again, these higher up public figures that support e-tolls, are scared to oppose the corrupt govt, their employer
 
as Sinbad mentioned, 3% (AFAIK actually 2%), which is nothing and for which this corrupt govt can stand in for, so I will say again, these higher up public figures that support e-tolls, are scared to oppose the corrupt govt, their employer

I don't disagree with that, the forced appointment of cANCer stooge Moegoe Moegoe as head honcho at the ConCourt effectively means that the cANCer controlled government has the judiciary by the gonads and political interference is the order of the day.

Maybe the 3%, or 2% or 1.29% is a drop in the ocean but I suspect quite a few judges might be close to retirement and don't want to tank their nest egg any more than they know the cadres undoubtedly will.
 
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