Headway made in e-toll case

2012-04-25 22:38

Pretoria - A bid to stop e-tolling made headway on Wednesday when the North Gauteng High Court in Pretoria ruled the application was urgent.

Judge Bill Prinsloo agreed with the applicants, the Opposition to Urban Tolling Alliance (Outa), saying: "The widespread public interest and the protesting... should persuade me to hear the matter."

He said lawyers for the SA National Roads Agency Limited (Sanral), National Treasury, the transport minister and Gauteng's  transport MEC did not convince him that Outa's application was an abuse of the court. Tolling is scheduled to start on Monday.

In his argument on why the system should be scrapped, Alistair Franklin for Outa said the e-tolling system was so unreasonable that no reasonable person would decide to put it into effect. He said there were disproportionate costs.

"Collecting costs are exceeding the cost of improvement [of the roads]."

Outa had a prima facie case, said Franklin.

The minister of transport had to explain the justification for the "bizarre" decision to resort to tolling to recover the cost of the Gauteng freeway improvement project.

According to the SA National Roads Agency Limited (Sanral), the tolls would cost about R21bn over 20 years. However, the minister had denied the correctness of the figure, said Franklin.

"Decision-making powers have no explanation for it [the amount]."

Minister misled

He said Sanral had also not addressed the figures in its responding affidavit submitted to the court.

Franklin said Sanral misled the transport minister in claiming a viable public transport system would be put in place before the e-toll system commenced.

Outa was arguing that enforcement of the tolling scheme would be "practically impossible".

Sanral estimated that one million vehicles would use the road a day, and that seven percent of motorists would not pay.

Franklin said this meant that 70 000 people a day would be non-compliant. It was impossible for Sanral to issue 70 000 summons and implement them within seven days.

The matter would continue on Thursday.


Earlier on Wednesday, Afrikaner lobby group AfriForum's application to be admitted as a friend of the court in the case was dismissed. Prinsloo said a tariff publication on April 13, which AfriForum was attacking, was not before him.

It was part of the supplementary affidavit dealing with the amendment to tariff exemptions, filed by Outa, which he struck from the court roll on Tuesday. Prinsloo said the application was launched at a very late stage.

It was inappropriate for a friend of the court to introduce new contentions based on fresh evidence, he said.

Legal teams for Sanral and the National Treasury had opposed the admission of AfriForum.

Sanral's lawyer Bruce Leech said he took issue with the fact that AfriForum was aligning itself with Outa in opposing the tolling system. He said a friend of the court had to assist the court, and not take sides.

AfriForum lawyer Greta Engelbrecht said the lobby group should be given the chance to make submissions that were relevant and useful.

AfriForum was asking the court to consider whether the publication of the e-toll tariffs on April 13 complied with Section 27 of the SA National Roads Agency Limited Act. It wanted the court to look at whether the classification of vehicles was warranted.

"They [AfriForum] must not be admitted because they can't assist on the issues presently in front of the court. She [Engelbrecht] wants to expand the scope of the issues with something new," Leech said.

National Treasury's lawyer, Jeremy Gauntlett, agreed with Sanral. Both asked the judge to dismiss AfriForum's application and award costs. Prinsloo said costs would not be awarded.


The Congress of the People on Wednesday backed the court action.

"The biggest battle is... ensuring that the intended implementation is stopped.

"This will begin to teach lessons to the government that the will of the people supersedes the rule of the thumb (sic)," it said in a statement.

  • Sechaba - 2012-04-25 23:06

    As long as Khulubuse is broke I have a feeling that the Zume's will force this thing to go ahead, remember money will have to payback Khulubuse

      amanda.victor2 - 2012-04-26 00:42

      So this is how it works. The ANC and their communist Union partners form a company - SANRAL - and use public pension money - without approval - to 'pay' for roadworks that the tax payer already has paid for from the fuel levy. Then they use the courts to back them up as they try to use the public's money to pay back the stolen pension money, and they keep the interest for themselves. This is a huge scam. DO NOT REGISTER for E-TOL as they can take you to court and clean you up if you fail to pay. You have been warned! If anything, let them send you a statement each month as you will have more rights and can refuse payment. That's why they're desperate for people to register.

      amanda.victor2 - 2012-04-26 00:46

      BTW - even though SANRAL say that if you have a e-tag you will receive discounts, this is false. Read the terms and conditions and you will see that they don't guarantee it on 'all toll roads'. They can decide which roads get 'discounts'. This won't be one of them. They owe too much money back to the robbed pension fund and they can't line their pockets quick enough.

      George - 2012-04-26 01:34

      Well spotted Amanda. The more facts come to light the more putrid the scheme appears. It stinks to high heaven.

      Tony - 2012-04-26 05:51

      Please remember -the toll roads are not the REAL problem, but rather a symptom. The real issue is the ANC. They are the thieves behind this, and the electorate put them there. Let's rather use this to tell the freedumb voters what their "liberators" did for them, for as long as the ANC has power, this kind of cr@p will be common place. Funny that COSATU opposes this, but backs the racist ANC regime?

      Jason - 2012-04-26 06:21

      If E-tolls do go through expect more food inflation along with petrol price increases, this affects everyone, not just people using the e-tolls. Africa is the last continent this should be implemented in esp with our high unemployment rate.

      Sinjoku - 2012-04-26 07:48

      Nope...Zuma cannot over rule the Judge....He is just 1 man that swore to uphold democracy. He cannot. Having said that....He is with the ANC.... I look at this matter as follows: IF the e-tolling is true regarding its purpose then why do I not see or read enough about that... Is that because the media devil is at work again?(LAUGHS). OR is it that SANRAL has not exactly got a good reason....OR is it because they have been beaten to the post in terms of covering up the story. I have heard that this whole issue is to cover up the fuel price increases....Is there any truth in this? "Make a lot of noise over there, while I do the dirty deed over here" type move is 1 theory I have heard, from people in the Fuel industry. Either way I don’t really see how this is for the people. Ignore all the corruption/theft/criminal labels....The fight is about the tolls. Focus is to be on the elimination of them. The people behind it will fall shortly after.

      Marion - 2012-04-26 07:53

      For those who want to protest, go to this site to see where the proposed COSATU action is to take place e.g. this is for Gauteng. Gauteng Night vigil at the Tshwane Department of Roads and Transport on 25 April 2012 Picket at the SANRAL offices on 25 April 2012 from 12h00-14h00 Pickets at the Tshwane Department of Roads and Transport on 26 April 2012 from 15h00 Freeway/Toll Road Action on 30 April 2012.

      wbrummer1989 - 2012-04-26 08:14

      E-TOLL Will fail!!!

      Zing - 2012-04-26 08:22

      and register here . . . you know you want to! DON'T BUY AN E-TAG!

      Marion - 2012-04-26 08:50

      After a bit more investigation I found, on the COSATU page, that the 30th April action will take the form of "blockade of the e-tolled highways on 30 April 2012". The general strike has been postponed until 5 May pending the outcome of the OUTA court case and some other action being taken.

  • Gregory - 2012-04-25 23:07

    The solution is simple , this country belongs to the people so, put it to vote. Let's vote on the implementation of e-toll. This land definitely doesn't belong to sanral.

      Martin - 2012-04-26 07:01

      judging by the protesting, i think the vote has been made already

      Danny - 2012-04-26 08:37

      Sorry Gregory- vote against the implementation of e-toll

      nasheenar - 2012-04-26 14:04

      Well said gregory!

  • Freddy - 2012-04-25 23:19

    This e-toll saga reminds me of the 16 June 1976 uprising. Lets all stand together on this in a peacefull way please. If we lose, the next general election will be the next target.

      George - 2012-04-26 01:38

      Losing is not an option.

      Martin - 2012-04-26 07:03

      next general election, anc = 38%

  • Reshan - 2012-04-25 23:25

    ?"There's a time when the operation of the machine becomes so odious—makes you so sick at heart—that you can't take part. You can't even passively take part. And you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you've got to make it stop. And you've got to indicate to the people who run it, to the people who own it, that unless you're free, the machine will be prevented from working at all" Say NO to e-tolling and don't register. Query every bill, Argue every line, Request every picture and Ignore anything that doesn't come via registered mail and ask them to prove that you received it!

      Johnathon - 2012-04-26 23:49

      Hens have finally come home to roost for SANRAL & ANC hopefully. Arrogant an autocratic Government convinced it could simply legislate e-tolling into being, with punitive criminal action against defaulters. This has been the proudest moment I have ever felt as a SA citizen. For the first time the entire country : Black, Indian, Coloured, Chinese, White, have all stood together with a unified resolve, to tell this corrupt, incompetent, tax blowing Government, to finally go to hell. No more taxes you greedy bullies. If you just stopped pissing all public money into personal gratification and self enrichment, there will be far more than enough money, to address most of the countries social problems.

  • Johnathon - 2012-04-25 23:51

    I have heard that SANRAL has already completely lost 50 000 e-tag applications, and have asked those concerned to please re-apply. This incompetence evident, even before the system has kicked off. I just so pity those that have bought e-tags and given SANRAL carte blanch access to their credit card or bank account. Boetie, you are going to sweat blood after SANRAL starts taking all sorts of wrong amounts off your account. SANRAL in all its arrogance, has already announced that it will not be interested in any motorist who claims to have been unfairly charged. It is completely up to the motorist to prove beyond any reasonable doubt, that SANRAL is actually at fault. Very good luck to all those idiots out there, who shivered at SANRAL'S ugly, empty, threats. You lucky guys will probably be having all sorts of wonderful amounts deducted off your account, even though SANRAL may have then already been forced to scrap e-tolling completely. It will be their last desperate effort to try and reduce the billions upon billions, they will already have lost. Stand together, or we will all fall together.

      Bless Boswell - 2012-04-26 01:10

      This is the first time we have stood together - and long may it last. This is how we should all be standing together and pulling together - all the time! HARAMBE!

      Marion - 2012-04-26 07:30

      @Bess - May it last forever.

      Cherri - 2012-04-26 13:31

      After, this we need to stand together to fight these ridiculous petrol price increases, as well.

  • Bunny Banzo Mametja - 2012-04-25 23:58

    This is our country we have the rights to reject e-tolling system, we have the rights to practise our democracy effectively with no fear, we have the rights to question and correct any unfairness in our government bcouse we r the government!!!

      adam - 2012-04-26 05:28

      Bunny Banzo, you are totally correct. so if government do not perform to our standards, we should fix that too. It is good to see all South Africans can stand together. The time to start fixing is now.

      mtlhavanirecksons - 2012-04-26 07:56

      Are we really?

      stampalex - 2012-04-26 13:39

      You're right Bunny Banzo, they are public servants, all of them and they are accountable to us. BUt we've lost that grip when we allowed them the power to corrupt... But you know we're up against a lot of officials who have no doubt already received huge amounts of money (Corrupt or otherwise) who do not want any exposure. Expect them to fight to the end. They cannot explain the R21bn (R21bn!!??? I cannot fathom how they get that.

  • Bunny Banzo Mametja - 2012-04-25 23:58

    This is our country we have the rights to reject e-tolling system, we have the rights to practise our democracy effectively with no fear, we have the rights to question and correct any unfairness in our government bcouse we r the government!!!

  • Bunny Banzo Mametja - 2012-04-26 00:06

    Now i can see y JUJU talkd abt dectatorship in this current leadership!!

  • sally.lewitt - 2012-04-26 00:29

    I have a gut feel that this situation is escalating and is going to explode in the \creators\ of the eTolling faces! Also something tells me that we are NOT hearing the FULL story and there's more to it than meets the eye and pockets. \r\nDid anyone read that state pension money was used and is in jeopardy?? \r\nJust wondering..

      sally.lewitt - 2012-04-26 00:32

      Hence the race of the secrecy bill being implemented..?

      valcooperRSA - 2012-04-26 00:49

      Yes sally.....GEPF was dipped into, to fund this operation and you know what.....most of the gov employees are not even aware of it....that is why they pushing so hard for it to go ahead....I say to these gov employees...go and lay a charge of theft against the gov they took money that was not theirs to that means they stole it....

  • valcooperRSA - 2012-04-26 00:43

    I have to wonder exactly who misled who here.....can anyone tell me if these are local people running the show or is it foreigners.....if its we not have people intelligent enough to run the show or what.....

      Glenn - 2012-04-26 08:29

      Its not about the skills, its about the ability to get kickbacks offshore (i.e. out of the SA legal, tax and policing jurisdiction).

  • Bless Boswell - 2012-04-26 01:13

    How on earth did they imagine this was going to work? Food they not do their sums? Or did they all sit there smacking their lips in anticipation of all that luvverly grrrravy?

  • George - 2012-04-26 01:32

    SCAMRAL must be livid that one (hopefully honest) man stands between them and so much ill gotten gain. Hopefully the judge is very careful to avoid any room for appeal after he finds against them. This is the most significant case since 1994. DO NOT REGISTER, NO E-TAG, DO NOT PAY FOR WHAT IS ALREADY YOURS.

      valcooperRSA - 2012-04-26 02:02

      I agree 1t 18 years these parasites have been living the good life off tax payers is because of the extravagances they have enjoyed that everything is in chaos here....nothing has been maintained...where we have been contributing to maintaining things here...that money has gone into very deep pockets and lavish life styles...yes the country belongs to us the gov is there to serve us...sorry....I don't think we should be serving them....

  • Peter - 2012-04-26 05:39

    They CANNOT control this monster. What happens to a Capie like me when I visit my son in Joburg. Do I get the shock when I get home that I have been spotted using a public road ?Will I be able to get a map showing me how to get wherever I want to go to in Johannesburg without using the "paved way" ? Ek sal hulle met hulle accounts in hulle moer stuur. Why must we pay for other peoples bollie.....I thought the roads were upgraded to cope with the 2010 World Cup traffic. Now it seems if everybody must pay for bad planning. Our Capies may be slow, but we are not all dof.

  • Warwick - 2012-04-26 06:28

    The tribe has spoken, sanral is out & good riddance to thieving, lying scumbags. What a crock o sh*t. Never fold and get taged, it's the right thing to do.

  • Msika - 2012-04-26 06:35

    Cope still Coping?

  • Dolph Dee Moliko - 2012-04-26 06:55

    Lets e-toll the e-toller in the next elections, sick and tired with all this people having good wines on our behalf. yes on our behalf because they make as if we cant have it ourself. look at Khulubuse cant the guy be in a gym or sumthng, he ws even on quad for heaven sake. heart attack waiting to happen. grow up we also know de money's worth for u jst to take it like that. nxa

      Piet - 2012-04-26 07:02

      Precisely Dolph, we are working our @sses of so that Gov can take 60% of our hard earned money as it is. Now they want more and we do not get any benefits. I heard this morning we have to fork out R170 for a smart ID card....WTF!!!

  • Bonga - 2012-04-26 07:08

    I dn't think that thus E-toll must proceed cause they have hidden some other facts nw that means they must do a proper talk with the community cause they are the victim here most people are using these roads more than two times a dat so wat does dat mean. Pls stop dis

      Piet - 2012-04-26 07:36

      It means we have to vote for the DA....

  • Greg - 2012-04-26 07:23

    Register your vehicles in other provinces if you can

  • Dick - 2012-04-26 07:25

    They think only 7% will be non-compliant and not pay??? I think they are sorely underestimating the anger that the public have for this... I would think the figure would be closer to 50%... let them try and collect 500 000 non-payments/day

      Marion - 2012-04-26 07:46

      Will definitely be higher. Is 1000000 users a one way trip or return trip or even multiple trips? Anyone travelling from Ekhuruleni to, say, Roodepoort or Centurion will fall under different 'regions' and will therefore have to be summonsed from those regions and appear in court in each of those regions. (Now please allow this comment to post News24 !)

      Loo - 2012-04-26 10:26 on -- Not even the post office will be able to handle the summonses never mind the already backed up courts. Im sure all lawyers are getting E-tags ,, They are going to make a killing if this goes ahead.

  • Ian - 2012-04-26 07:30

    I hope they stop this. But then those devices can be used to aggregate average speed between points for motorists. BETTER even would be to apply a minimum speed in the right hand lane (i.e. 100kph) and nail those bastards that congest our highways. Just on a serious note; I get from Centurion to Grayston quicker in the left lane .......

  • Emmanuel - 2012-04-26 07:34

    Goverment is bulling us, lets give then no chance

  • Christo - 2012-04-26 07:38

    How much of the next petrol price hike is for the first downpayment of the SANRAL loan. We want a breakdown of where all the previous petrol levy contrubutions went? As mentioned by Peter, wasnt there a budget allocation towards infrastructure for the 2010 world cup, didnt we already pay for the roads???

      Danny - 2012-04-26 08:20

      Plain simple understanding-whatever they steal-they say they take

      David - 2012-04-26 09:05

      Agree. Govt must be held accountable. They need to publish where all our tax money is going.

  • Sven - 2012-04-26 07:55

    Interesting Articel: SANRAL - From an Australian Newspaper on South Africa E-Tolls \The deal between Sanral and Kapsch of Austria, the e-tolling operating company is not with the corporate entity, but with Kapsch Sweden. Kapsch Sweden used to be SAAB Aerospace, a 50% shareholder in a company called SANIP. British Aerospace held the other 50%. SANIP is alleged to be the payment vehicle for the Arms Deal (R100million ...

  • robert.mevo - 2012-04-26 07:57

    dey must remove dis cameras n leave N1 de way it we are crying 4 dose prices rising every sec but stl u want 2 add expensis.Nooo... Dot do dis.our pocket r nt de same.N1 s nt 4 de richest only.i hope u get me.

  • Zebedee - 2012-04-26 08:07

    E-Toll can suck my Toll-E

  • Danny - 2012-04-26 08:17

    Just another attempt like the SECRECY BILL.Please can some one put a stop to the rot before it is too late.THE PEOPLE SHALL GOVERN.Well done to the people of South Africa to vote against the tolling.The authorities who govern have filled their pockets of taxpayers money and is set for life.Maybe a good idea for them to retire and give someone else to tow the line.

  • Simon - 2012-04-26 08:25

    Consider this: a motorist travelling 60 kilometres to and from work between Jhb

  • Danny - 2012-04-26 08:31

    Oh! such a nice circus with such good clowns running our beutiful country aground.If only they could stop at the CLOCK TOWER PRECINT in Cape Town and read Ahmed Kathrada's writings which liberated South Africa The greed of people in power,what a selfish.

  • JJ - 2012-04-26 08:36

    Our taxes were spent on other useless things. Now some foreign contractors want to steal more of our money!? All the while food, fuel, alchohol and tobacco are all becoming more and more expensive!? I've seen this model for development before - it's called 'power consolidation' - basically, it strengthens governments and favoured corporations and weakens individuals!! It is also used by dictators to strengthen their positions of power, and through the manipulation of taxes can theoretically be done unperceptably over time! We cannot allow this to happen if there is to be any hope ever having a fully democratic government in our beloved country!! It's time to choose what is right, we as the people do not want to be enslaved by our government - the government should be representing the people and their best interrests!!

      semaumau - 2012-04-26 09:32

      Viva comrade jj viva

      colin.langley - 2012-04-26 11:01


  • Mart - 2012-04-26 08:46


  • Dhavandran - 2012-04-26 08:53

    its all to do withmanguang.sacp wants an investigation done into benefited from this deal but at the same time supporting the e-toll. cosatu on the other hand is against the e-toll. we have a zuma camp and a mbeki camp at the expense of the motorists. treasury should be taken to cout=rt for aiding and abetting a crime by allowing the public's pension fund to be used in this scamral without the consent of the public. gordhan you are nothing but a bastard with double standards.your thugs won't go to jail for tax evasion but joe from the public who defaults on a minor issue is dragged to court. @#$k you gordhan.

  • Carry - 2012-04-26 09:40


  • Loo - 2012-04-26 10:21

    Shocking!! that the minister nor Scumral could produce accurate figures. THAT in itself should be grounds for scrapping E-toll. A wise man in Business told me one day. Profit should not be a "possible" result of business. It should be WHY you do business in the first place. So Scumral,,, how did you actually come up with a business plan without accurate estimations/figures ... This blows my mind .. seriously

  • Deon - 2012-04-26 11:13

    From all the complaints about the system it sounds more than 70% = 700 000 would not pay.

  • colin.langley - 2012-04-26 11:14

    There is clearly a pattern forming here....e-tolls + increase in petrol price = rise in all consumer goods causing inflation to spiral out of control...reserve bank steps in and increases the repo rate...which will only benefit the elite who will make a fortune out of the inflated interest the government and their cronies have their fat fingers in every imaginable pie. This will lead to collapse and in the end our freedom will be eroded. Thanks for everything and good luck!

  • hein.whelan - 2012-04-26 14:28

    I have had about enough of this BS! Here are some facts for everyone out there. The SAPIA annual report for 2010 ( the following figures; 2009 (2010's figures were not available at the time of release of the report) there was 11.7 bn liters of petrol retailed in SA, 9.1 bn liters of diesel (retail). Now add those together and multiply by 0.28 (e-toll fuel levy) and you will get a nice idea of the amount recovered towards the R20bn loan for this cockup. It will with the current levy only take approximately 4 years to pay off the debt excl interest. However, if they renegotiate the interest on the balance of the loan annually it would be far less. If you have bought an e-tag you are traitor and just plain daft. I have a suggestion. This weekend go to the major shopping centers where they have these e-tag booths and look at the queues of traitors, arm yourself with paper leaflets containing facts such as the figures above. You would have to have the IQ of a bath plug to not figure out that this e-toll system is a straight out goatse (google it) of the Gauteng residents and I for one will be civilly disobedient to the end. Who is with me?

  • Awniea - 2012-04-26 15:56

    Yet another reason to not buy a tag. SANRAL has really done their job well and has prepared properly for years....NOT! The basic measuring and charging for this beautiful system is based per kilometer. Wrong, they charge you per gantry, not between 2 gantries. So depending on the onramp you take, and then the corresponding offramp, and you go through one gantry, you will be charged the same as a person who gets on at an onramp 10km before you, and takes an offramp 10km after you. I called them, and the official answer after 11 calls, and 7 different supervisors, is that the system is not capable of doing a true calculation. The day after my query, they changed the conditions of use on the website to now say they will be charging per gantry, and not per km as this was presented to all of us. So well done SCAMRAL, and our govt for the people, your awesome planning and foresight is much appreciated.

  • Adnaan - 2012-04-26 15:58

    Im not against the Till roads. I think its a good thing and will help with Hijacking and combatting other crimes. I do however have a problem with the cost, It is just too costly for people to afford. if they had to make it 10c a KM i would gladly excet it. and i also believe we should not be paying tolls if we are forced to sit for hours in traffic because of road works.

  • glen.e.huysamer - 2012-04-26 17:06

    It is clear that this e-tolling affair is a money stealing scam, on top of various other scams. The least of which is who is paying the lawyers for SANRAL and friends, we the people are. It is in actual fact a massive balls up, even the judge is paid by tax payers money. Power to the people.

  • glen.e.huysamer - 2012-04-26 17:16

    Instead of paying for these roads more than what they are worth for perpetuity, SANRAL must deliver up the accounts and bills for a public orbit and we the citizens should be able to see what is actually if anything is outstanding. If there is then we should pay it off in one special tax levy which should resolve itself at no more than R100.00 per citizen in a once off payment. This interest upon interest from loan that really do not exist is basically designed to impoverish South African's.

  • Michael - 2012-04-26 22:21

    So this Afriforum saved as, once again. What did Cosato and its ANC allies do? They pulled out, according to a previous article.

  • pages:
  • 1