The South African National Roads Agency (Sanral) has reportedly started sending SMSes to force motorists with outstanding e-tolls to pay up.
According to the Opposition to Urban Tolling Alliance (Outa), Sanral's new ploy is nothing but a scare tactic.
Outa is also of the view that SMSes from Sanral possibly transgressed section 45 of the Electronic Communications and Transactions Act.
It points out that the messages were split into three parts: listing users' current outstanding e-toll balances; an indication of the discount they will receive if they settle now, during the 60% discount period; and a message of intimidation which says: "Failure to settle outstanding e-toll will result in a loss of this discount, vehicle listing, and collection action being commenced against you for the full amount due."
"When enquiring with the Sanral call centre about what exactly 'vehicle listing' and 'collection action' means, we received no clear indication from three different staff members," says Wayne Duvenage, Outa's chairperson.
"This is clearly an intimidation tactic but what's more, the fact that Sanral is sending questionable unsolicited messages to people, without an 'opt-out' option from receiving further intimidation messages, could be deemed unlawful. There is no qualification within these messages that this debt belongs to a specific person or vehicle registration number."
Outa says it is investigating the possibility that Sanral or its agents might be transgressing section 45 of the Electronic Communications and Transactions Act by sending unsolicited communications to persons without giving them the option to opt-out, or being able to confirm where they obtained their personal details.
"As per the Act, 'communicating with persons in this manner could be a criminal offence with a fine or prison sentence of up to 12 months," says Duvenage.
As at November last year, the roads agency had R5.9 billion in e-toll fees outstanding at the 60% discounted rate in terms of a new dispensation announced by deputy president Cyril Ramaphosa in May.
Sanral introduced a 60% discount on historical e-toll debt in arrears. To qualify for the 60% discount, users must settle their bills within six months - giving them until the end of April this year to pay up.
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