Outa ready to defend e-toll offenders in court
1 June 2016
Cape Town – Anti-tolling lobbyist Outa said on Wednesday that it has “largely completed” preparations for its defensive challenge on behalf of Gauteng motorists summonsed for the non-payment of e-tolls.
“Our action to defend our members has advanced on the back of significant additional and important information obtained over the past few years,” said Ivan Herselman, Outa’s director of legal affairs.
“Sanral and the governing authorities have a lot to answer for in court, not only on their conduct surrounding the decision to toll Gauteng’s freeway upgrade, but also on numerous technical and procedural matters pertaining to the scheme's practical application.”
Sanral sent over 2 000 summonses to non-paying motorists, Outa said.
However, Outa explained that less than 2.5% of the ring-fenced R5.9bn debt has officially been raised, “despite a substantial coercive marketing campaign”.
“Following the recent Parliamentary report back from Minister Dipuo Peters of Sanral's e-toll discount dispensation uptake of R145m, paid by 130 000 motorists, one wonders what clearer message is required by the minister to acknowledge that the scheme has failed to achieve its purpose of financing the Gauteng freeway upgrade.”
“While the final discount uptake still needs to be confirmed … Outa speculates the final tally of the e-toll dispensation carrot will probably fall well below R400m, being less than 7% of the ring fenced debt.
“If so, this means the scheme's compliance levels going forward will remain below 30%, which should signal a strong message to the authorities that the e-toll horse they’ve been flogging has been dead for some time now.
“Making matters worse for Sanral is that the outstanding e-toll debt has risen further since September 2015, and is now around the R8bn mark and climbing, making Sanral’s debt problem insurmountable.
“The mind boggles as to how Sanral intends to issue summonses to an excess of 2.5 million motorists who have never paid a single e-toll bill.”
Sanral spokesperson Vusi Mona said the government agency must comply with requirements as stipulated in the Public Finance Management Act (PFMA). “It is therefore obliged to collect outstanding debts to government in terms thereof,” he said in a statement this year.
About 2.5 million vehicles use the e-toll network in Gauteng on a monthly basis. “Of these, 1.45 million are currently registered or are regular payers of their e-tolls,” Mona said.
The Automobile Association said in May if motorists have voted with their wallets by not paying “then it will prove that Gauteng motorists have rejected e-tolling and the costs associated with the collection of debts”.
“Regardless of the result, there is an urgent need for a solution, one way or another, to bring closure to this messy saga which appears to have no end in sight,” the AA said.
This article first appeared on Fin24, see here.
