New e-toll fee collection dates and methods cause concern
Justice project South Africa head Howard Dembovsky has called the latest round of threats of prosecution by the Electronic Toll Collection company (ETC) akin to thuggery and criminal extortion.
ETC, which acts as a collection company on behalf of Sanral, said it will start issuing the first summons to collect outstanding e-toll fees within the next two weeks.
CEO Jamie Surkont said “there is an obligation to collect the debt and that is what we are going to do” – with COO Mark Ridgway reportedly adding that the group will focus on “those who wittingly refuse to pay, with so-called non-responders second on the list”.
Dembovsky hit back at the executives’ comments, saying that it was outrageous for the company to jump the gun on E-toll collection a full six weeks before the 60% discount period on outstanding fees ends.
The JPSA head said it was also bizarre for the company to threaten legal action, when Sanral was facing its own legal questions – specifically around the legality of using electronic equipment which is not compliant with and/or approved for use in terms of the former Trade Metrology Act and current Legal Metrology Act.
“As things stand, there is significant evidence of the fact that not only is Sanral’s electronic equipment not compliant with the provisions of legislation they are not exempt from, but that they failed to acquire exemption from the provisions of the Legal Metrology Act when they tried to do so,” Dembovsky said.
Freedom Front Plus has laid a complaint to the National Consumer Commission regarding the matter, with an outcome still pending.
“The actions of ETC and Sanral can easily be associated with the crime of extortion, which is prohibited in terms of the Prevention of Organised Crime Act,” Dembovsky said.
“Just because their current weapons of choice are debt collectors, the Sanral Act and the e-Road Regulations read in isolation of any other legislation – as opposed to kidnapping, guns and boiling kettles – does not change things.”
JPSA said that this was simply the latest attempt at scaring road users into paying. Previous attempts involved threats of a criminal record, going as far as to misrepresent a cloned number plate case as a “first e-toll conviction”.
“It’s a pity that Sanral and ETC have chosen to act in this manner and appear to possess an insatiable appetite for acting as thugs and violating the laws and the Constitution of the Republic of South Africa. They are not above the law and should be dealt with accordingly. We look forward to that day,” Dembovsky said.
More on e-tolls
Beware: E-toll fees are going up in March
Prepare for ‘substantial collection activity’ and legal action on e-tolls
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