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Peters accused of 'arrogance, lying'

Martin Czernowalow
By Martin Czernowalow, Contributor.
Johannesburg, 05 Nov 2014
E-toll opposition groups have taken issue with government's stance during its presentations before the review panel.
E-toll opposition groups have taken issue with government's stance during its presentations before the review panel.

E-toll opposition group Justice Project SA (JPSA) has written off the e-tolls review hearings as an "illegitimate process".

This is on the back of the transport minister's warning that neither she, nor other government officials could be questioned about their presentations.

JPSA chairperson Howard Dembovsky has labelled minister Dipuo Peters' conduct as "offensive", when she threatened that she and her team - officials from the Department of Transport and National Treasury - would discontinue their involvement in the process if they were "taken on".

This came as a legal expert on the review panel stated he would "take on" - ask questions of - Sanral CEO Nazir Alli. Peters responded she didn't think the government delegation "came here for those type of things", and threatened to walk out if that approach was taken.

However, this has angered Dembovsky, who criticised the behaviour of the government delegation. "I find it completely offensive that civic society was given two hours to present before the panel, and private citizens were given two minutes to speak.

"Yet, government is given three days to lecture us, because we're not allowed to ask questions. I was grilled after giving my presentation, as were others. But her highness won't answer questions," he says.

Dembovsky also accused the Department of Transport of conflation and arrogance in its presentation, saying it had once again misrepresented the argument against using the fuel levy as a funding mechanism.

During the department's presentation, acting director-general Mawethu Vilana argued that to merely address the road network sustaining maintenance needs of R65.8 billion per annum would require an additional levy of R1 per litre of fuel - meaning an average fuel levy of R3.17 per litre.

He also stated that to address the remainder of the strengthening and re-gravelling not covered as part of the "sustain allocation" above, and gravel road surfacing backlog, will require a further R0.48 per litre of fuel - meaning an average fuel levy of R3.65 per litre.

"These are the most outrageous amounts," says Dembovsky, "They are talking about funding everything - the entire country's roads infrastructure, not just the Gauteng Freeway Improvement Project - from the fuel levy, and nothing from the fiscus. That's how they get those figures."

On the attack

Meanwhile, the Opposition to Urban Tolling Alliance (Outa) has accused Peters of using her appearance before the e-toll review panel as an opportunity to "go on the offensive and accuse the e-toll critics of spreading lies and half-truths".

"This appears as a new rattling of the legal adversarial sabre and is totally uncalled for, especially in light of Outa's exposure of many misleading statements and fabrications by Sanral executives on the e-toll decision," says the organisation.

Outa argues Peters' comments about the "supposed lawfulness" of e-tolling is a total distortion of the facts, as can be read in the Supreme Court of Appeal's judgment, of September 2013.

"Outa 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," said Outa joint-spokesperson John Clarke.

Wayne Duvenage, chairperson of Outa, says the organisation has repeatedly argued the unworkability of e-tolls, adding it had been proven right, following a year of e-toll operation.

"Judging by the minister's input provided on Tuesday, Outa now calls on the public to once again donate to their Rule of Law campaign (see www.outa.co.za), so that we can prepare to mount a defence if and when the NPA commences prosecution for the non-payment of tolls," says Duvenage.

He adds: "Outa is, however, grateful for the information provided by the Department of Transport in their presentation to the panel, which clearly shows they have not grasped the issue at hand on the e-toll matter.

"They can try to force the people to submit, but they can't force them to co-operate. Should the authorities ever attempt to do so, they must be prepared for the consequences of their actions.

"Furthermore, one year on and with less than 40% compliance, their idea of a user pays system has clearly failed. If Sanral and the minister can't understand that, there is nothing more to do except watch the system's losses increase further."

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