E-toll courts proposal a “slap in the face” for SA
The Democratic Alliance (DA) and Opposition to Urban Tolling Alliance (Outa) have hit out at the idea of creating special courts to deal with non-payment of Gauteng e-toll fees, saying the government is putting its own interests above the needs of South Africans.
On Monday (14 October) Beeld reported that the SA Roads Agency Limited (Sanral) and the justice department were discussing the possibility of establishing special courts where e-toll non-payers could be prosecuted.
In statement issued on Wednesday (16 October), DA shadow deputy minister of justice and constitutional development, Debbie Schafer, said such courts would be “a slap in the face for ordinary South Africans,” given the country’s more pressing issues that needed legal attention.
“The Justice Department should be focusing on fixing our justice system so that it works for everybody, not creating special courts to protect government interests at the expense of members of the public,” Schafer said, pointing to the disbanded sexual offences courts, which took 7 years to be re-instituted.
In the Beeld report, Justice Department Spokesperson Mthunzi Mhaga was quoted as saying that they are “talking about what would be the best method” regarding special e-toll courts.
“It thus appears that it is not a question of whether they will be implemented, but how,” Schafer said.
“How is it possible that, for courts that are so crucial in dealing with sexual offences to take 7 years to begin re-instituting – yet when Sanral asks for special courts the question is not whether, but how?”
Outa chairman, Wayne Duvenage, said of the proposed courts: “The enforceability of e-tolling is becoming such a hot potato for Sanral, they are now having to resort to proposals for enforcement through a separate court system.”
“This supports our claim of the administrative burdensome processes linked to the e-toll plan,” he said.
Wayne Duvenage
Not encouraging lawlessness
Meanwhile, Outa has rejected claims that it is encouraging Gauteng motorists to break the law and not pay their e-toll bills.
“Outa has never condoned civil disobedience,” chairman Wayne Duvenage said in statement on Wednesday.
“We do however call for civil courage, a more sustainable manner of active citizenry wherein people can exercise their legal rights to express their disgust at the lack of respect for citizens’ input.”
He was responding to statements made by Parliament’s transport portfolio committee chairwoman Ruth Bhengu.
She said calls by the Congress of SA Trade Unions (Cosatu) and Opposition to Urban Tolling Alliance (Outa) for Gauteng motorists not to pay for the e-tolls undermined the country’s Constitution and judiciary.
Duvenage denied making such a statement. He said Outa merely warned the authorities of the many unintended consequences of forcing an irrational and unpopular policy onto South Africans.
He said the public had made its stand clear during public engagement sessions held in 2012.
“This was not Outa’s doing. You only have to read the responses to press statements and blog discussions on the subject of e-tolls and you will see how the people feel.”
He said the committee was aware of Outa’s stance against e-tolling and the fact that its members had presented objections and input to the Gauteng Freeway Improvement Project steering committee.
“Outa’s legal challenge is one avenue we have [used] to expose the wrongdoings of what it, along with many others, have condemned as an ill-conceived plan which is not in the best interests of society,” Duvenage said.
The organisation is expected to make an announcement on Friday regarding its plans to either pursue their objectives via the Constitutional Court, or to drop the case and continue the fight via other means.
(With Sapa)
More on e-tolls
Fight against e-tolls now up to people of Gauteng: DA
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