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Outa issues warning to Sanral over e-tolls

Staff Writer

 ·14 Oct 2013

Chairperson of the Opposition to Urban Tolling Alliance (Outa) Wayne Duvenage says government and Sanral needs to be prepared for “massive (negative) unintended consequences,” if they continue with plans for the implementation of the e-tolling system on Gauteng freeways.

The Supreme Court of Appeal dismissed an appeal by the Opposition to Urban Tolling Alliance (Outa) on Wednesday (9 October) in its e-toll challenge against the SA National Roads Agency Ltd (Sanral).

Last month, President Jacob Zuma signed into law the Transport Laws and Related Matters Amendment Bill, giving Sanral the nod to start e-tolling on Gauteng’s freeways.

Government has a view to implement the tolling system by the end of November.

The Opposition to Urban Tolling Alliance (Outa) is expected to announce its decision on whether to take the matter to the Constitutional Court, later today (Monday, 14 October 2013), following a board meeting with its members.

Speaking on SABC News, Duvenage said: “We have to consider all our members and then consider practicalities, the costs, a number of things. I think whatever decision we take, even if we don’t proceed (to the Constitutional Court), we’ve done a lot and there is a lot still to be done by Outa, but in what format, we need to decide on that.”

Duvenage said that the Supreme Court of Appeal ruled a on technicality “around the time that it’s taken, we’ve argued that we could not have brought it earlier”.

He said that what the courts have failed to do is rule on the lawfulness of the decision to toll by Sanral and the government.

The implementation of e-tolls has faced heavy criticism including unions, political parties, and the general public.

“We believe that the arguments that we have in the papers will form the basis of a collateral action for any future case in any way, and at some stage the courts will have to rule on that, and the time issue falls away if indeed it goes into the criminal courts at a later stage, or the civil courts.

“It is sad that the courts are not dealing with the real issue here, and that a processes that might be put in place, may be deemed to be unlawful at a later stage in which case the whole matter comes to a grinding halt, and a lot of time and money and effort is wasted,” Duvenage said.

“We believe there are massive unintended consequences, negative ones, if the government and Sanral continue to force this matter into being, and they need to be prepared for those and answer to the public when these matters come to hand.”

Additional e-toll charges

Sanral has specified a number of additional charges on E-toll customers in its 18-page terms & conditions and on its website.

These charges include printing statements and transaction reports from 50c/page, to e-tag and holder replacement fees of R150.

Unlike the tolls themselves, these charges were not published in the government gazette and Sanral states that it reserves the right to change the fees within 40 calendar days (or less, under certain circumstances) notice.

The table below summarises the additional fees specified by Sanral:

More on e-tolls

 E-toll: the hidden costs

Fight against e-tolls now up to people of Gauteng: DA

Outa’s e-toll case dismissed

What if you don’t pay e-tolls?

People want e-tolls: Transport Minister