The Opposition to Urban Tolling Alliance (Outa) says it is discouraged by transport minister Dipuo Peters’ presentation to the E-toll Advisory Panel, and is gearing itself up for what seems to be inevitable legal action.<\/p>\n
In a statement issued on Tuesday (4 November), Outa said that it had hoped the minister would use the opportunity provided by the panel to address the department’s shortcomings on e-tolling, but instead saw Peters go on the offensive.<\/p>\n
In the minister’s submission, the panel heard that e-tolling was government policy – and law – with the minister painting many opposing arguments as lies and half-truths.<\/p>\n
Notably, the minister said that the system was always part of the national infrastructure development plan; had long been approved; and had already won against legal challenges launched against it.<\/p>\n
\u201cAt its core, the GFIP (Gauteng Freeway Improvement Project) was approved by the central government in 2007,\u201d Peters said, adding that she was disappointed that motorists had rejected the project, despite court rulings which gave the go-ahead for the system.<\/p>\n
Peters conceded that e-tolling wasn’t a “perfect solution”, but called on the panel to encourage motorists to continue paying their e-toll bills.<\/p>\n
According to Outa, the minister’s input to the panel showed that there was no indication of the department of transport backing down on the matter, instead opting to “rattle the legal adversarial sabre”.<\/p>\n
“It is quite disturbing that Minister Peters is now trying to force submission to what Outa believes is an unlawful law,” the group said.<\/p>\n
“Open Road Tolling systems hinge entirely on voluntary public co-operation and any attempt by authorities to force co-operation of an unlawful system is going to be resisted.”<\/p>\n
Outa noted that the legal victories Peters referred to are a “total distortion of the facts”, with the only standing judgement on the matter relating to the late application of Outa’s action against Sanral, and no ruling over the lawfulness of e-tolls.<\/p>\n
\u201cOuta is firmly convinced that if and when criminal charges are laid against any individual for the non-payment of e-tolls, we will be able to prove that the tolling declaration was unlawful,\u201d the group said.<\/p>\n
Outa called on the public to once again donate to its Rule of Law campaign, so that it could prepare to mount a defense if and when the NPA commences prosecution for the non-payment of tolls.<\/p>\n
“They can try to force the people to submit, but they can\u2019t force them to co-operate.”<\/p>\n
“One year on and with less than 40% compliance, the idea of a user pays system has clearly failed. If Sanral and the Minister can\u2019t understand that, there is nothing more to do except watch the system\u2019s losses increase further,” it said.<\/p>\n
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