e-Toll showdown
The Opposition to Urban Tolling Alliance (OUTA) has filed an application in the North Gauteng High Court that seeks an urgent interim interdict to restrain the SA National Roads Agency (Sanral) from levying and collecting tolls on specified sections of freeways in Gauteng subject to a review process.
OUTA is joined in its application by the Southern African Vehicle Rental and Leasing Association (SAVRALA), the QuadPara Association of South Africa (QASA) and the South African National Consumers Union (SANCU).
OUTA believes that the e-tolling of the roads around Gauteng is the beginning of a dangerous precedent that could see the same modus operandi applied elsewhere.
“If you allow this to happen here [in Gauteng] you are allowing it to happen everywhere in this country” said SAVRALA’s Wayne Duvenage.
Legal representative, Pieter Conradie (pictured), from Cliffe Dekker Hofmeyr said:
- The standard terms of agreement that the consumer has to sign with Sanral contravenes the Consumer Protection Act. Examples were given whereby Sanral may unilaterally amend the terms and conditions without the consumers’ consent and its directors are not liable for any gross negligence or recklessness.
- The duration and effectiveness of the notice and consultation process. Notices issued to the public by Sanral were defective with regard to the time period of 30 days being too short a period considering the number of people involved and the absence of the amount of tariffs. This resulted in people having to give comment without sufficient time and knowledge of what Sanral intended to do.
- Attack on the environmental process followed.
The founding affidavit also says that Sanral’s application to the minister of transport for approval omitted material information on the extent of the inadequacy of public transport and/or viable alternative routes.
Wayne Duvenhage
Duvenage refutes that R1/litre has to be added to the petrol price and is adamant that between 8c and 11c added to the fuel levy will raise enough to cover the costs for the roads. He also made mention that the cloning of number plates would be a major problem.
The founding affidavit says the Sanral consumer agreement claims “fees charged shall be deemed to be correct, unless the user is able to demonstrate that they are incorrect”.
With the burden of proof being on the consumer – how much time and effort will be required to prove that you were somewhere else if someone has cloned your number plate?
Assuming Sanral and the government moves to defend this it will mean more taxpayers’ money directed towards the e-toll debate.
The respondents in the application are The South African National Roads Agency (Sanral), the minister of the department of transport, the MEC of the Department of Roads and Transport in Gauteng, the Minister of the Department of Water and Environmental Affairs, the director-general of the Department of Water and Environmental Affairs and the National Consumer Commission.
The press briefing was attended by representatives from the founding associations of OUTA, namely the South African National Consumers Union (SANCU), Southern Africa Tourism Services Association (SATSA), Southern African Vehicle Rental and Leasing Association (SAVRALA), Retail Motor Industry (RMI)and the QuadPara Association of South Africa (QASA).
The QuadPara Association of South Africa is supporting this cause in light of the fact that many of its members are only able to use private transport as public transport is either too expensive or inaccessible as they do not cater for persons with mobility impairment.
The e-tolling system is scheduled to go ahead at the end of April. The application will be heard on April 24.
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