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Theunis De Jongh
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E-Tolls Criminally Prosecutable ?

10 January 2014, 11:00
Here is the section of the 1998 SA National Roads Agency Act that Vusi Mona keeps referring to:

(5) Any person liable for toll who, at a toll plaza or other place for the payment of toll
determined and made known in terms of subsection (1), refuses or fails to pay the
amount of toll that is due—
(a) is guilty of an offence and punishable on conviction with imprisonment for a
period not longer than six months or a fine, or with both the term of
imprisonment and the fine; and
(b) is liable, in addition, to pay to the Agency a civil fine of R1 000. This amount
may be increased in 1999 and annually thereafter in accordance with the
increase in the official consumer price index for the relevant year as published
in the Gazette.

Can we please get some legal opinions here?

The key words to me are "refuses or fails to pay".

If I do not have an invoice, do I not have grounds to refuse AND fail to pay?

The law states I must receive an invoice within 30 days of passing under the gantry.

Legally, at which point will SANRAL be able to stand up in a court of law and say -> THIS guy refused and failed to pay his toll? Can they do that without sending an invoice?

The whole e-toll mechanism is different from a normal toll booth, in that the system ALLOWS for deferred payment, when an invoice is received. Surely, the intent of the clause above is to deter people from blasting through toll booths without paying? Surely the reasonable man defense should apply to the timeframe allowed for payment?

Can legal steps be taken against Vusi Mona and/or SANRAL for providing false legal information to the public ? Surely threatening people on such a wide scale without merit, or without lawful sanction, amounts to intimidation?
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