DA REFERS GAUTENG TOLLS TO NATIONAL CONSUMER TRIBUNAL

The Democratic Alliance has today lodged a complaint against the Gauteng toll collection system with the National Consumer Tribunal (see letter below).

We have taken this step as we do not believe the battle against the tolls is over even though the February implementation date has been delayed.

We believe that the toll collection system infringes sections of the Consumer Protection Act that protect consumers from unfair, unreasonable and unjust practices.

Our submission is that it is unfair and unreasonable on at least the following grounds:

1. Users give access to their bank account or credit card for unknown amounts

2. There is a high possibility of error or fraud in that in excess of ten percent of licence plates are cloned or fraudulent

3. There is no clarity as to how disputed amounts that are already deducted will be refunded

4. There are undisclosed administration fees e.g. R5 charged for statements sent in the post and 20 cents for each SMS notifying the account balance

5. The motivation for identification by e-tag as opposed to licence plate number only is unclear

6. The exemption of a certain class of road users, namely minibus taxis and busses, prima facie constitutes an unfair discrimination on the basis of economic status, a component of "social origin" which is a prohibited ground identified by section 9 (3) of the Constitution. In terms of section 9 (5) of the Constitution, the exemption is presumed to be unfair and is liable to be declared invalid unless it is shown to be justifiable in terms of section 36.

The DA hopes that the tribunal hopes that the tribunal will deal with this matter in a prompt and efficient manner, as the ramifications of these infringements will be detrimental to consumers who use the toll roads in Gauteng.

Letter sent today to the National Consumer Tribunal:

National Consumer Tribunal

Dear Sir/Madam

Complaint by the Democratic Alliance against the South African National Roads Agency Ltd (SANRAL) and Electronic Toll Consortium (ETC)

The Democratic Alliance wishes to bring to the attention of the National Consumer Tribunal, in accordance with Section 4.1 (c) of the Consumer Protection Act 2009, infringements by the South African National Roads Agency (SANRAL) and Electronic Toll Consortium (ETC) with regard to e-tolling and the implementation of the e-tag system in Gauteng.

There appear to be infringements of the following clauses in the Act:

Section 3.1 (d) protecting consumers from -

(i)  Unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices; and

(ii)  Deceptive, misleading, unfair or fraudulent conduct;

Section 8.1

(b) grant any person or category of persons exclusive access to any goods or services offered by the supplier

(e) charge different prices for any goods or services to any persons or category of persons

(g) exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier

Our submission is that it is unfair and unreasonable on at least the following grounds:

1. Users give access to their bank account or credit card for unknown amounts

2. There is a high possibility of error or fraud in that in excess of ten percent of licence plates are cloned or fraudulent

3. There is no clarity as to how disputed amounts that are already deducted will be refunded

4. There are undisclosed administration fees e.g. R5 charged for statements sent in the post and 20 cents for each SMS notifying the account balance

5. The motivation for identification by e-tag as opposed to licence plate number only is unclear

6. The exemption of a certain class of road users, namely minibus taxis and busses, prima facie constitutes an unfair discrimination on the basis of economic status, a component of "social origin" which is a prohibited ground identified by section 9 (3) of the Constitution. In terms of section 9 (5) of the Constitution, the exemption is presumed to be unfair and is liable to be declared invalid unless it is shown to be justifiable in terms of section 36.

In light of the above, we hope that the tribunal will be able to deal with this matter in a prompt and efficient manner, as the ramifications of these infringements will be detrimental to consumers who use the toll roads in Gauteng.

Yours sincerely,

Neil Campbell
Member, Gauteng Provincial Legislature

Statement issued by Neil Campbell MPL, DA Gauteng Transport Spokesman, January 16 2012

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