Civil society groups and the public have spoken out against the SA National Road Agency's (Sanral's) plans to prosecute e-toll rebels, saying the enforcement of such would be beyond practical capability.
It is this, the alleged unworkability of Sanral's e-toll plans, that will form much of the Opposition to Urban Tolling Alliance's (Outa's) appeal against the system when it has its day in court at the end of the month.
Outa chairperson Wayne Duvenage says the criminal justice system does not have the capacity to deal with a deluge of thousands of e-tolling cases per month. "We have maintained before and continue to state that e-tolling is unworkable and unenforceable."
ITWeb readers have expressed doubt in the ability and jurisdiction of the state-owned entity to criminally prosecute those who fail or refuse to pay their e-toll transactions: "Good luck pulling everyone over"; "[I] hope that the violations processing centre is staffed by a massive number of people, as they are going to be really busy"; "It will be interesting to see Sanral implement this. Will [the National Prosecuting Authority] and the justice system as whole cope with this?"; "Exactly how legal is it for collection by an outsourced agency to issue criminal instead of civil summonses?"
Overpowering obstacles
Howard Dembovsky, Justice Project SA national chairman, has laid bare his thoughts on Sanral's proposed e-toll enforcement, which he says is a tactic by the agency to call society to action (getting "tagged") by threatening prosecution and harsh consequences.
Dembovsky says, up to the stage where Sanral "and its allies" chose to adopt what he calls "intimidation tactics", he was willing to comply and pay e-tolls - given the agency invoiced him appropriately and could prove his vehicle had passed under the gantries charged for.
"Subsequent to the continuous threats and intimidation tactics levelled by Sanral and the Department of Transport, I have changed my mind. I don't break laws and am always mindful to encourage my fellow citizens to abide by the laws of our county but I find myself in a moral dilemma over the e-toll laws, because I really don't believe they are just."
In terms of the feasibility of Sanral dealing with dissident motorists, Dembovsky cites jurisdiction of the courts, the Electronic National Traffic Information System (eNatis) "dilemma", overburdened court rolls and defiance as obstacles to enforcement he believes Sanral is incapable of circumventing.
Sanral, however, maintains it is fully equipped and ready to roll out e-tolls, as soon as president Jacob Zuma puts his mark of approval on the Transport and Related Matters Amendment Bill - also known as the e-toll Bill - which will give e-tolls the green light.
Sanral spokesperson Vusi Mona says the roads agency has a "very clear enforcement strategy" in place.
"The fact is that we will commence tolling by using the Criminal Procedures Act as the legislative framework. We have a process in place which will help us manage non-compliance in terms of e-tolling. Once we have exhausted this process, a summons will be issued under the Criminal Procedures Act."
Mona says "mobile enforcement units" with traffic officers will be stationed at on- and off-ramps, as well as roaming Gauteng's e-roads, to "enforce outstanding infringements".
Dembovsky says, while this is not entirely unlawful, it is likely to see Sanral getting sued blind for unlawful arrest. "After all, we still live in a constitutional democracy, not a police state - at least for now."
Dembovsky says he cannot, with a clear conscience, encourage people to do anything other than to resist e-toll laws. "In doing so, I pledge to do the same myself. When I respectfully submit that the prosecution of e-toll transgressions will fail dismally and on a monumental scale, I am not speaking from a theoretical standpoint which I am not prepared to back up. I am fully prepared to put my whatsits directly on the line and show just how committed I am to what I say.
"Therefore, if Sanral chooses to make an example of me in their prosecution of these matters, I will vigorously defend myself and demonstrate just how unworkable these prosecutions will be."
Share