AfriForum takes up another case against e-tolling

While the government is planning to apply for leave to appeal the interdict that was granted against the implementation of e-tolling, AfriForum is preparing to challenge the so-called penalty tariff of R1,75 per kilometre, to be levied in respect of road users who do not register for e-tolling, in court. AfriForum has already sent a lawyer's letter to the Department of Transport, demanding that the notice concerning the ‘penalty tariff' that was published in the Government Gazette on 13 April 2012 be withdrawn.

According to Kallie Kriel, CEO of AfriForum, the interdict granted against the implementation of the e-tolling system gives his organisation an opportunity to bring other problematic issues regarding the toll tariffs, which are not included in the current legal actions, before the court to ensure that motorists are not treated unfairly.

Kriel said that Sanral's one-sided decision to implement ‘penalty tariffs' without sufficient prior notice and public participation was in conflict with the Promotion of Administrative Justice Act (Act 3 of 2000). The Act stipulates that anyone who is adversely affected by an administrative action must be given the opportunity to comment on it.

He further pointed out that Sanral was acting contrary to the Competition Act (Act 89 of 1998) by using ‘penalty tariffs' to protect the agency and the e-toll system's dominant and non-competitive position. Section 8(a) of this Act clearly states that a dominant firm is prohibited from charging an excessive price to the detriment of consumers.

Statement issued by Kallie Kriel, AfriForum CEO, May 29 2012

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