Gauteng ANC government must stop dragging its feet and declare dispute with national government in terms of legislation on hated e-toll system
8 March 2021
The FF Plus has taken note with concern of the proposed regulations in terms of the Administrative Adjudication of Road Traffic Offences Act (AARTO) that will prevent road users from taking out or renewing any kind of motor vehicle licence if the road user has outstanding e-toll fees.
The Gauteng MEC for Roads and Transport, Jacob Mamobolo, has once again made a submission to the national government on behalf of the Gauteng ANC government, requesting that the e-toll system must be abolished. The FF Plus, however, considers this umpteenth plea of the provincial ANC government a waste of time seeing as thus far, it has not evoked the desired response from the national ANC government.
Thus, the time has come for the provincial ANC government to – if it really is serious about putting an end to the e-toll system – formally declare a dispute with the national government in terms of sections 41 and 42 of the Intergovernmental Relations Framework Act No. 13 of 2005.
If the dispute cannot be settled in terms of the legislation, the way will be paved for the provincial ANC government to take the matter to court.
Should SANRAL and the national Department of Transport proceed with implementing the proposed AARTO regulations, the culture of non-payment of e-toll fees will simply spill over to motor vehicle licences and as a result, most Gauteng road users will drive around with expired discs.
The true test for whether the provincial ANC government is determined to abolish the e-toll system lies in whether it is willing to go through with the formal prescribed dispute process in terms of the Intergovernmental Relations Framework Act.
The FF Plus has already put the question of whether he will be willing to go that route to Premier David Makhura during a debate in the Legislature. He responded by saying that it will not be necessary seeing as the current friendly form of interaction with the national government will indeed bear fruit.
That, however, does not prove to be true given the proposed AARTO regulations aimed at blocking licences.
SANRAL and the national Department of Transport are obviously ignoring the pleas of Premier Makhura and the provincial ANC government as they are continuing with their plans to enforce the e-toll system in Gauteng, despite clear evidence that the system has no legitimacy in the public's eyes.
Therefore, the provincial government needs to realise once and for all that it will have to enter into a dispute with the national government, which may possibly end up in court.
Furthermore, the FF Plus considers the proposed regulations unconstitutional seeing as the main objectives of the AARTO Act and associated regulations are to improve road safety and to ensure that the national and provincial laws governing traffic are adhered to. The e-toll system has no bearing on any of these objectives because it is simply a system designed to help pay for upgraded roads.
In addition, the regulations interfere with the constitutional powers of the Gauteng province with regard to motor vehicle licensing in terms of Schedule 4 of the Constitution as the province was not consulted in drafting the AARTO regulations, which will affect provincial licensing powers.
Thus, the Gauteng provincial government could make quite a few airtight arguments in a court case, but whether it will have the courage to take the national government to court is doubtful.
The FF Plus plans to confront the provincial ANC government in Gauteng about this again.
Issued by Anton Alberts, FF Plus national chairperson and MPL: Gauteng, 8 March 2021
