E-TOLL TERMS AND CONDITIONS NOT UNFAIR OR ILLEGAL
SANRAL has noted the article which appeared in the Star titled "e-tag billing shock: Sanral's toll account clauses are ‘unfair and illegal'.
SANRAL denies that its terms and conditions are either unfair or illegal. The article constitutes emotive journalism which not only lacks substance but fails to provide any reasons for the allegations made.
SANRAL addresses the five primary allegations which appear in the article as follows:
"At the centre of their concerns is clause 33 of SANRAL's terms and conditions, which states that: "The user hereby irrevocably authorises the Agency or its duly authorised agent to obtain from any institution where the user may have an account, or from any credit bureau, any information concerning the user. This clause constitutes consent and an instruction to each such institution to disclose such information to the Agency or its agent. Dr Cliff Johnston, from the SA National Consumer Union (Sancu), said this goes against the Financial Services Act, which states that an institution may not request more than is needed.
Response: Nowhere in the conditions does it indicate that SANRAL would obtain more information than it otherwise needed. The information required may differ from person to person and accordingly the reason for the provisions of the clause. As to whether SANRAL obtained more information than may be permitted is a factual issue which can be addressed at the relevant time. Such clause would not allow SANRAL to transgress the requirements of legislation and SANRAL would not seek to do so. SANRAL and the institutions or credit bureaux from whom the information may be obtained are all subject to the laws of our country.