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Anti-toll action multiplies

Farzana Rasool
By Farzana Rasool, ITWeb IT in Government Editor.
Johannesburg, 18 Apr 2012

The heat is building up against the widely rejected Gauteng e-tolling system as it faces at least two more mass protests and another court case - just two weeks before implementation.

ITWeb yesterday reported that the Freedom Front Plus will carry out protest action against the system this month, after the Congress of SA Trade Unions (Cosatu) staged a nation-wide march last month.

The federation now says it will engage in “the mother of all protests against the act of highway robbery”. It adds that it will mobilise its two million members to participate.

“We are confident that we will be joined by many thousands more angry residents and motorists who support our demand for the scrapping of these tolls and the end to privatisation and commodification of our public services, which includes our transport network.”

The federation on Monday issued a notice under Section 77 of the Labour Relations Act, enabling workers to engage in protected protest action, which will include rallies and marches at or near the offices of the SA National Roads Agency (Sanral) and the Department of Transport from 23 April.

The notice also allows for a national stay-away or socioeconomic strike on 30 April, the day the e-tolls are meant to become operational.

Opposition to the tolls increased even more once Sanral announced that motorists who do not pay their toll fees will be allocated a penalty rate at three times the standard rate.

“Having been forced to concede that buying an e-tag is not a legal requirement, they are now trying to bully and blackmail motorists into registering,” says Cosatu. “These threats will have the exact opposite effect. They will infuriate people.”

Business death

The federation says its talks with the ruling party to find an alternative solution to fund the roads are continuing. “We shall strive right up to the last minute to have the tolls scrapped or at least postponed for a proper public debate.”

Business Unity SA (BUSA) has also called for an implementation delay of the system since too many serious challenges remain with the system. It submitted comments this week to the Department of Transport on the publication of the Sanral Act, Act 7 of 1998.

“Bearing in mind that Gauteng represents around one third of SA's gross domestic product, BUSA believes there are wider national implications. These regulations and the tariff schedulereleased by the department on Friday, 13 April, have far-reaching and significant implications for the cost of conducting business within Gauteng and throughout the country.”

It adds that the regulations contained in the Act are extreme and place onerous and extensive burdens on business. “It is also of concern that there seems to be a lack of alignment between this piece of legislation and other legislation already in existence.”

The association says there has been poor perception management and inadequate consultation between government and its social partners on the e-toll system. “It is disappointing that Sanral has not fully addressed the public's concerns.”

The South African Chamber of Commerce and Industry (SACCI) is also concerned by the uncertainty surrounding the fee system and says there is a clear case for delaying implementation until there is clarity on the toll fees and exemptions for certain road users.

SACCI CEO Neren Rau says the penalty tariff is further cause for concern. “It is clear from recent developments that there remains the capacity to further rationalise the cost to the users of the toll road system. The chamber has from the outset been concerned about the disproportionate allocation of the toll fee to maintenance of the tolling infrastructure as opposed to the road infrastructure itself. This will add to the already substantial increases in the costs of doing business.”

Legal action

The Opposition to Urban Tolling Alliance is lodging an application to the North Gauteng High Court to get e-tolling interdicted.

Cosatu says should that case fail, it is ready to take legal action of its own to get the tolls stopped.

“In the end, however, it is the pressure of the masses which will force government to back down. People power has brought down governments in North Africa; it can surely stop this assault on our living standards. Our aim is to make the tolls uncollectible and force the government and Sanral to find more equitable ways to pay for road improvements.”

Violating legislation

Civil rights organisation AfriForum yesterday instructed its legal team to prepare to oppose the levying of the of R1.75 per kilometre tariff on road users not registered for e-tolling, on an urgent basis in court.

Kallie Kriel, CEO of AfriForum, says Sanral abuses “punitive tariffs” to entrench Sanral and the e-toll system's dominant and non-competitive position in an irregular manner and this violates the Competition Act (Act 89 of 1998).

“The public is asked to wait for the outcome of the proposed legal action of AfriForum and other groups, before deciding whether to register for e-toll at all,” says Kriel.

Unfinished roads

Despite the opposition to the system, Sanral is insistent that e-tolling will begin on 30 April.

However, there are several gantries on the N12 that will not become operational as yet, because the relevant roads are not completed. These toll points are on the N12 from Gillooly's Interchange to Kingsway, the Daveyton/ Springs interchange.

The agency yesterday also warned road users that there are hoax calls being made by people claiming to be Sanral staff members. They provide users with their vehicle licence details and say if the user doesn't register for e-tolling their vehicle will be confiscated.

“Sanral takes this allegation very seriously. Sanral had definitely not instructed anyone to contact vehicle owners directly. Sanral urges road users who receives such calls to contact the fraud hotline on 0800 204 558.”

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