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Opinions on e-toll ruling differ

SANRAL seems to be making good on their threats to take non-payers to court; however, some in the know say this judgement does not necessarily affect the average road user or business owner.

THE Pretoria High Court has handed down the first e-toll judgement for failure to pay, against an Alberton-based company.

The ruling said that the company had to pay the outstanding amount of R436 407.57, plus 10.25 per cent for Sherrif’s fees, but it is unclear how much of this will be collected, as the company in question has entered into voluntary liquidation.

SANRAL seems to be making good on their threats to take non-payers to court; however, some in the know say this judgement does not necessarily affect the average road user or business owner.

Read: Sanral and Gauteng Traffic’s dodgy ‘partnership’

“My advice to motorists is what it has always been. If you aren’t paying e-tolls and receive a summons – defend it,” says head of the Justice Project South Africa, Howard Dembovsky.

“The ruling is also unlikely to impact the ‘test e-toll case’ currently being formulated by civil action group Outa”, adds Dembovsky.

As from March 3, the tariffs increased, but according to Manny de Freitas, the Democratic Alliance’s (DA’s) Shadow Minister of Transport, an announcement for the increase only took place on the very day of the increase.

“SANRAL simply did not engage with the public. SANRAL continues to be uncaring, arrogant and aloof. No explanation was provided as to how these increases were calculated,” says De Freitas and adds: “The taxpayer is being squeezed financially more and more. As things stand, motorists pay 35 per cent tax for every litre of petrol! I have submitted official questions in Parliament about this. Taxpayers are sick and tired of being expected to pay up without question or explanation. This is unacceptable.”

Vusi Mona, communications manager of the South African National Roads Agency SOC Ltd (SANRAL), however, believes the ruling will help the organisation.

Also Read: SANRAL sheds light on e-tolling

“SANRAL welcomes the high court judgement in Pretoria for the non-payment of e-tolls. The agency has a duty in terms of the Public Finance Management Act (PFMA) and Treasury Regulations, to collect all monies due to it. It’s an obligation we take seriously,” says Mona.

“We are confident that the default judgement in our favour will be persuasive for other courts when deciding subsequent cases. In a rules-based society where courts are the final arbiters, the judgement moves us forward on this matter and we encourage vehicle owners to register for e-tags and to settle their bills regularly through the many payment options that are available. We are thankful to the road users who are paying,” said the SANRAL communications manager.

The general consensus on the street among road users, however, is that they will not pay and that the very process and implementation of e-tolls is, and should be considered, illegal.

“I pay my taxes and I know that all the money from taxes could pay for the roads many times over, but due to fraud and corruption in the government, billions, probably even trillions of Rands, have been lost due to this,” said one passionate road user who wanted to remain anonymous.

“What if I don’t register? What can they do? They cannot prosecute everyone. It’s also the principle of the matter – they just keep milking the taxpayers and now the road-users too,” said another.

You may also be interested in: SANRAL discusses it’s e-toll project

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