News24

E-toll penalty unlawful - claim

2012-11-22 22:26

Johannesburg - A penalty outlined in the tariff notification for the introduction of e-tolling on Gauteng highways is unlawful, AfriForum said on Thursday.

AfriForum leader Kallie Kriel said in a statement that the SA National Roads Agency (Sanral) Act did not "make provision for the creation of a category of road users based on the payment mechanism road users prefer".

"The so-called 'penalty tariff' targeting those who do not register for e-tolls or with Sanral, is therefore unlawful."

The Sanral Act also decreed that drivers pay toll fees, which was in conflict with the e-toll system, as the vehicle owner was meant to be registered for the payments.

AfriForum submitted its legal opinion on the e-tolling system to Sanral earlier in the day.

Kriel urged motorists not to register for e-tolling and said AfriForum would not register its vehicles.

"If there are sufficient numbers of motorists who in protest don't register either, it would force the authorities to rethink the e-tolling system as a non cost-effective recovery mechanism," Kriel said.

Comments
  • charlesbronson.bronson - 2012-11-22 22:30

    I second that. No to e-tolls. No to Scamral. No to corrupted government.

      frederick.kaczynski - 2012-11-22 23:46

      half of revenue to be spent on collecting the revenue.... not the sharpest tools with suits and bleemers in the shed hey.

      guy.rice - 2012-11-23 06:49

      A victory for us all and it shows what can be done if we stick together! Our petition requesting SANRAL to disclose the ETC contract and the related tender documentation was handed in at the e-Toll public briefing. It had over 1,000 signatures - A HUGE thank you to all who signed. The OUTA court review is next week. They need our financial support. Go to www.outa.co.za e-Tolls have not been stopped yet and our petition continues: help us get to 2,000 signatures http://www.avaaz.org/en/petition/Freedom_of_access_to_information/

      travis.vermaak - 2012-11-23 10:56

      Who cares??? I won't pay penalties either!!

      heathway.master - 2012-11-23 11:07

      Readers, I have just had an article on the tolling issue published in news 24 for a few minutes before being removed. This is very strange behaviour, and in case SANRAL complained that the article was too accurate and hard hitting, and would cripple its actions, I would like to re-submit the full article in a succession of quotes. I hope my obstinacy will not anger the readers. Regards, Heathway.

      heathway.master - 2012-11-23 11:07

      SANRALS STOP – START Strategy –What cost to the tax Payer How much has the implementation of proposed toll roads cost us so far The toll road philosophy, I would imagine, has by now being going on for easily in excess of 5 - 8 years, possibly even longer. For a start, we must have had SANRAL employees jetting all over the world, to assess the viability, and cost effectiveness of the e-toll system. They must have then settled on an international model that they felt would work here in South Africa. Their next step would have been to appoint experts to engineer the most appropriate system. These overseas consultants must have been flown to South Africa, for endless meetings, to finalise designs on the systems to be adopted. Their consultancies fees must have been horrendous. The next phase of implementation would have involved technical experts flown out on a continuous basis, to advise on what electronic equipment was required to make the system work. This would have been followed by the appointing of contractors to erect the huge number of toll gantries we see, every so many kilometres along all major freeways in the Gauteng area.

      heathway.master - 2012-11-23 11:07

      These Gantries I can assure you, did not come at a cheap price. Once the gantries were set up, overseas experts must have been flown to South Africa, yet again in the hundreds, to set up all the cameras, lights, computers and software needed to run the system. The IT hardware and software costs must also have been absolutely horrendous. While these systems were being set up, SANRAL was busy building and staffing, a myriad of administration and control centres at strategic points along the routes to be tolled. Every time SANRAL was given an implementation date, all systems, administration and maintenance personnel must have been employed, ready and eager to get going. At this stage a massive advertising campaign was embarked upon, and e-tag purchase offices opened all over Gauteng. Huge costs must have been expended on advertising, rental of offices, and payment of staff. At this point, SA motorists served the country proud, as all these tag purchase points remained empty all day long.

      heathway.master - 2012-11-23 11:08

      At one stage, SANRAL had reached such a high stage of readiness, that the whole system went live, and actual simulated trails were implemented on motorists passing certain gantries. Their full staff complement was therefore mobilised, and ready for action. At each stand down, what happened to this huge staff compliment, already hired, and fully trained, at an enormous cost to the tax payer. After each anticipated start date, were they all simply fired and allowed to disappear into the ether, for an entirely new army to be trained once the next alert was sounded. All the electronic equipment, cameras, transponders and receivers had to be removed from the Gantries to prevent any theft, pillage, or wilful damage to this high tech and sensitive equipment. I can guarantee the private contractors in all this stop - start action were anything but cheap. And so the saga goes on. The Government is operating on completely shaky legs due to impending court cases, and enormous public anger and resistance to the whole e-tolling system, that they simply cannot ignore. Also consider how much money SANRAL has expended in legal fees defending its actions and policies. They realise quite clearly, that the whole system will rise and fall, on how many e-tags are sold. Each time a motorist passes a gantry, his cell phone will beep, confirming that his hard earned blood money, has now happily found a home in SANRALS bank account.

      heathway.master - 2012-11-23 11:08

      They realise that if they have to rely on sending out monthly accounts, the levels of non-payment due to motorists anger at the latest “Government Super Tax” now being levied, will kill their cash flow, and make the whole e-toll system crash, like the Lockerby Boing shoot down. As an ordinary tax paying citizen, I am sure the billions already spent on this absolute fiasco will never be made available to the public. A simple few cents added onto the fuel levy would have brought in more than enough revenue to cover the costs of the “World Cup” generated , minor highway upgrade, SANRAL insists have bankrupted it. I would estimate that if all the above costs are added up, the e-toll system implementation must be close to the biggest financial disaster this country has ever embarked upon. SANRAL and the Government however, are too scared to be honest with the South African tax payer in admitting the extent of their idiotic financial folly. This would involve to large a loss of face. They stubbornly carry on with this white elephant, depleting the public coffers of billions upon billions of Rands the longer this abomination continues.

      heathway.master - 2012-11-23 11:09

      Finally I can only hope and pray, that the Gauteng motorist will have the courage and personal conviction, to cause this e-tolling CRIMINALITY to turn to dust, as it rightly should. Let e-tolling eventually be recorded in the history books, as one of the ANC most costly financial blunders. The added corruption, greased palms, and favours for friends aspects, as with the “Arms Deal”, will probably never ever be quantified or made public. SANRAL reminds me of someone desperately chasing that illusionary huge pot of gold at the end of a rainbow. BREAKING NEWS: The implementation of the e-tolling system has been postponed from December to February – March – April ? next year.

      steve.gibson.146612 - 2012-11-23 11:54

      @Heathwaymaster. I fully support your article and wish we could quantify those costs. Your last statement "The added corruption, greased palms, and favours for friends aspects" is another hidden massive cost that I'm sure the successful tenderer had to recuperate in his overall charges. to add to this, this costs are now escalated in the recovery exercise where we as motorists now have to pay higher tariffs to simply carry the cost of collection. What a disaster!!!!

  • mashilopm - 2012-11-22 22:45

    This is the only stupid law I'm prepared to break. I'd rather be sentenced to life imprisonment than to buy an e-theft.

      ariado.myfather - 2012-11-23 05:37

      Agree to that.

  • Fernando Els - 2012-11-23 00:01

    Dit is eintlik, I_stole

  • chris.summers.3954 - 2012-11-23 00:18

    Honestly, I have no problem with paying a "reasonable" toll fee if the funds collected actually improve the roads nationwide. The problem is quite simply that e-troll isn't meant to improve anything but some ANC politician's bank account. Where are the details of the contract, why aren't they available to the public? Apparently there's some Non-disclosure agreement preventent Sanral from releasing info to the people, especially info relating to how we're spending over a billion rand a year just collecting the tolls in the first place. I also find it rather strange that there can be a NDA in place preventing the people supposed to pay for this whole thing from actually knowing the terms of this agreement? I am not a lawyer, or even mildly clever, but surely if I am supposed to pay for this story, I am entitled to know the details of the entire contract? Or should I take my white tendencies elsewhere rather?

      michael.bushes.9 - 2012-11-23 00:41

      I think most people wouldnt have a problem if it was capped to lets say R100 a month Many people will struggle to pay R550 a month, not only poor or working class people. The question should actually be, what exactly a poor person is? If youre a single parent and earn a nett salary of lets say R14000, and you have to pay a bond, feed a kid, and other expenses such as an ever increasing ESKOM bill and fuel, R550 is a hell of alot to suddenly pay for something our parents and grand parents already paid for. If they completely built a new road from scratch, I can understand that, but im not in favour of even spending R100 a month on this crap. You can only squeeze so much out of an orange (eToll, ESKOM, fuel) before social unrest sets in.

      chris.summers.3954 - 2012-11-23 01:02

      @Michael. I am happy to spend a certain amount of money every month to travel on good roads around JNB. I also understand that other people's situations are differentm especially in light of Eskom tariff increases and so on. However, my major problem is the smoke and mirrors surrounding this contract, which the public (who are expected to pay) are not allowed to see. Why do you think this is, why do you think the public isn't allowed to see this contract? The public must pay for it, but they can't know the conditions, the details of the agreement, how messed up is that? Anyhow, I pray for that Arab Spring in South Africa, every day I pray, so justice finally finds the ANC piggies

      walter.o.latham - 2012-11-23 05:47

      It's a system designed for Europe and other first world countries. I guess some ANC idiot happened to travel overseas and was "amazed" and motivated for this type of tolling in SA. Unfortunately, it's hugely expensive and you can bet your bottom dollar will become another avenue for fraud and corruption.

      ina.cripps - 2012-11-23 06:25

      @Michael- I couldn't agree more. Has anybody even considered what these e-tolls will be doing to pensioners? I have an income of R2650p.m. which is not subjected to annual increases. I live in Germiston and have children staying in Pretoria and Meyerton. Where is the money supposed to come from to go and visit my children and grand children if the tolls there and back will be costing roughly an extra R40 per trip (Fuel etc not included)? The fact that you are a pensioner makes you old, but certainly not dead, and surely one is entitled to use roads one has paid for over the years and is still paying for via various levies and taxes without being penalised for it, which is going to be expected of us once these tolls go ahead.

      saintbruce.bruce - 2012-11-23 10:23

      Guys 'n Gals - just look at the picture attached to this article. Cars - R 3.36 Trucks R16.80 - maybe I am dreaming a bit but to bring you your food, fuel, goods and services will cost 5 times as much in delivery costs as it does now! Take 30 cents toll per KM for the avearage car using 10 litres fuel per 100 km and work out your current fuel cost @ R 12.00 per litre = 100 / 10 = 10 x R 12 - R 120 + [ 100 x 0.30 = R 30] equals R 150 to travel 100 km when it normally costs R 120. Your fuel cost / km has now increased. Now consider a heavy truck - the factor is 5 times more per km on tolled roads but trucks don't get the same fuel efficiency as cars. Maybe 50 litres / 100 km of diesel? It is easy to see that the economic ripple effect to Gauteng as a whole - rich and poor alike - is going to be a huge wave growing into a Tsunami! This is why the e-tolling has to be stopped firmly before it can start.

  • moyahabo.ramalapa.3 - 2012-11-23 04:01

    no paid for e toll pls people anc don't care for us

  • trevor.bush.9655 - 2012-11-23 04:43

    Only people that will make money now are the lawyers and the courts are going to be LOADED even more with cases relating to e-toll...goodluck ANC, you digging a hole that you'll NEVER climb out of, civil unrest is already on the increase.

  • brian.vdwesthuizen - 2012-11-23 04:49

    are they going to toll the taxi's, ie are ALL road users going to be toll'd. if not, i see no reason to pay the toll. it's discrimination. UN-constitutional.

  • brionyl.french - 2012-11-23 05:42

    Banish this idea with the stupid president

  • louis.dewet.9 - 2012-11-23 06:00

    An other ANC F up, its all that they can achieve is failure!!!!

  • warwick.railton.7 - 2012-11-23 06:08

    Go boys, that's how you fight back, not roll over so that the anc can rape you. We get stronger with every victory..............up yers sanral.

  • alf.pop - 2012-11-23 06:16

    Has our government or any organisation linked to the ruling party ever come up with a law or suggestion that was not unlawful? In my opinion the whole e-tolling system is unlawful, government sactioned highway robbery. So Jackson Mthembu - here goes: Don't buy e-tags, don't buy! Don't buy e-tags - don't buy! Don't buy e-tags - don't buy!.......

  • john.ferreira.1213 - 2012-11-23 06:20

    What about the motorist on holiday in Gauteng from another province for a prolonged period? Do they have to wait for an account once they are back home or must they purchase an Etag on arriving in Gauteng at the start of their holiday? I for one will not abide by this money making racket and might just fit a set of different number plates on my vehicle.

  • thaluki.malema - 2012-11-23 06:36

    DON'T PAY E-TOLL FEES - BOIKOT SANRAL. SANRAL is an product of the corrupt ANC government, who insituted a nonpayment mindset in the seventies and eighties againt the Nat government. Well "comrades", your chickens have come home to roost. I will not register or pay e-toll fees as a matter of that principal. Let's see how you deal with this. We will fight you. VIVA OUTA. (outa innie langpad)

  • bbooyse - 2012-11-23 06:39

    E-toll is unlawful - fact (there we go, fixed it for you)

  • ashleigh.ronaldon - 2012-11-23 06:45

    Everyone with even a room temperature IQ knows not to register for an e-tag.

      mc.segal.5 - 2012-11-23 07:47

      Even a person withan IQ of -273'(Absolute Zero) Knowsnot to register for an E-Tag.

  • faiz.booke - 2012-11-23 06:53

    Its not only politicians who will benefit, there are 18 companies including a cell phone operator and IT companies that will benefit from this "golden goose". Instead of being paid a fixed fee, these companies receive on-going payments.

  • piccky.wockky - 2012-11-23 06:57

    My method of legally delaying e-toll payments is extremely simple, yet completely successful, and wholly legal. 1)    After the first 4-6 weeks of passing through toll gantries, send SANRAL a registered letter, expressing your concern, that for the last 4- 6 weeks you have not received a payment request from them. You must state that you are COMPLETELY willing to pay the toll fees, but this cannot be carried out without a detailed invoice. Unreliable postal services could be to blame, so please would they send you your invoice by registered mail, to ensure you receive it. (This is a fully legal AARTO requirement for any letter of demand.) Make a photocopy of your letter, get a COMMISSIONER OF OATHS to stamp the copy, and keep your registered mail receipt. Such a request could take months to be settled, and if you are fortunate, never at all due to the sheer volume of similar requests received. Should you finally receive a notification that a registered letter has arrived for you, take as long as possible to collect it. This method is based upon the fact that they do not use registered mail to send invoices. If one considers the past history of all traffic fines received, these all arrive by normal mail to prevent the high costs of registering letters.

  • piccky.wockky - 2012-11-23 06:57

    2)    Should SANRAL surprisingly, after a lengthy period, comply with (1) above, then send them a second CERTIFIED letter by registered post, requesting that they send you a photograph  for every single gantry you have passed under for that month,  proving that is was your car you that is being invoiced.( Perfectly legal and reasonable request from any motorist ). Such photographs obviously, you must request to also be sent by registered mail to ensure delivery. Also takes weeks to collect such registered mail, should it in the unlikely event, ever be posted. Explain that you have heard that certain motorists are using illegal false number plates and you therefore require the photographs to prove that it is definitely your cat that is being charged. Such a request could takes months to be settled, or if you are very fortunate, never. Consider the sheer volume of requests they should by now have received. If their system is not set up for such requests, which I am almost positive is the case. (Hope I am not wrong on this one) Can you imagine the difficulties and problem they will have, in trying to MANUALLY comply with the thousands upon thousands of similar requests received. To be really difficult, how about querying some of the less clear photographs taken at night. Even if they come back to you asserting that the photographs are in their opinion, all perfectly readable, further delays will have been successfully applied.

  • piccky.wockky - 2012-11-23 06:58

    3)    Should SANRAL try to speed up communications by requesting your e-mail or fax number, or send you SMS’s, or trying direct contact by phone, I have considered very simple ways of negating each of such requests. I am not mentioning any of these methods, as I want to keep this article 100% above board, and free of any questionable actions. 4)    In the unlikely event that all the above somehow be resolved, than obviously pay, but only for that particular month under review. 5)    Start the whole lengthy procedure all over again, 4-6 weeks after the termination of the second month’s toll fees due. Continue with the same, for every individual month that follows. I got this off a news website

  • phaldiemeyer - 2012-11-23 07:28

    Please please please don't register for an e-tag, don't debate it...just don't register. Etolls suck!!!!

  • bill.mckimm.9 - 2012-11-23 07:38

    We are still ion the land of the living brain dead. This is another screw up deluxe that the ANC continues to try and drive down our throats. The only sensible thing to do is stop the e-tolling (it is going to take more than what it earns to collect the payments; tell the ANC parasites who are benefiting from this abortion "sorry we got this one wrong so take your gantries and "go"", and increase the fuel levy in Gauteng. Simple equitable and it will lead to the effective use of the "new" roads. Then maintain what we have so we don't get into this situation again. Simple good management; so they better place some good managers into SANRAL and let the cadres go!!!! Think they will do it; not while may backside faces south.

  • kenpeg.dawson - 2012-11-23 07:44

    The whole e-toll systen is illegal and cANCer theft.

  • neville.watson.31 - 2012-11-23 07:46

    The signs should also show the non e-tag tarrifs.

      kenpeg.dawson - 2012-11-23 08:38

      Do you really want to know how much you are not going to pay?

      neville.watson.31 - 2012-11-23 10:00

      I am not going to use the freeways at all, but on the occasions that I do, and once all procedures have been followed correctly, I will pay. But I am pretty sure that I cannot be charged prices that are not indicated, like if you park in a pay parking lot and they don't have the prices at the entrance. I believe that not registering for a tag and then demanding registered letters and photographs will be more than enough to cripple the entire system. I am not prepared to be blacklisted or arrested for this cause.

      allan.m.levitt - 2012-11-23 11:04

      The e-tag tariffs were the discounted tariff as was originally planned. You are quite right that the NORMAL tariffs should be displayed. IF the the discount is such and amount then state so, if it is a percentage of the NORMAL tariff then state so. Scamral you cannot have your cake and eat it but you can eat your k-k

  • aspruyt - 2012-11-23 07:57

    Mooi so AfriForum! Don't register for tags!

  • allan.rosenberg.752 - 2012-11-23 08:29

    Let's go right back to the beginning. Has the tender award process been forensically investigated as to who were awarded contracts to erect the e-tolling system. I won't put it into words but the outcome might be very interesting and I imagine that a fair number of ANC officials could be questioned. I also question the transparency of where all collected funds will be channeled. The government has been managing quite well with building roads and up keeping them for the past 150 years. Why did everything go pear shaped in the last few years ( big question mark)

  • Hemlock - 2012-11-23 10:35

    AfriForum I salute you....;O)

  • james.baillie.12764 - 2012-11-23 10:50

    I third it dont register for an E-tag the whole E-toll is unlawful

  • sancho.cumbi - 2012-11-23 10:51

    Very Bored at work and concerned about this C**p that will be soon imposed upon us. Well if you registered with "them" you will effectively pay 30c of the Randela per km, but i just noticed something, under correction, if you are not registerd it will be cheaper to travel on the G effiping IP highways, well that is if you pay with 30 days of invoice date, which works out at a +/- 60% discount on the 58c of the Randela which amounts to 23c of the Randela... I might be wrong but that to me seems cheaper... Can someone explain to me this unless i am totaly lost on how they are going to scr** us now?

  • steve.gibson.146612 - 2012-11-23 11:43

    I see nazir Ali has been giving the site most of the "thumbs downs"

  • jason.dutoit - 2012-11-23 13:55

    there needs to be a "no to e-tags" bumper sticker for you guys in gauteng. that way all the fence-sitters can see the number of people who refuse to buy one and be swayed in that way.

  • phillys.winterbottom - 2013-03-21 00:08

    f*ck the cANCer trash and their scamral buddies. we will not enrich you. we will not register for your toll roads.

  • david.leftfield - 2013-03-21 07:24

    Everything the ANC owns and touches, turns to rot! It is like a virus that does not want to go away. We need a CURE fast!

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