As Gauteng motorists await the province's e-toll fate and anti-toll factions continue to seek means of putting a stop to it, government's open road tolling system is going to go ahead - most likely by the end of the year.
Gauteng premier Nomvula Mokonyane has reportedly called on the people of the province to give the multibillion-rand project - which has been riddled with controversy and opposition over the past two years - a chance.
The Opposition to Urban Tolling Alliance (Outa), meanwhile, is weighing up its options and deliberating on whether to take the matter to the Constitutional Court after the Supreme Court of Appeal dismissed its case last week.
Outa chairman Wayne Duvenage said this morning that the alliance's board had convened last night, and that a decision would only be announced tomorrow afternoon. He says members have to consider the options that lie ahead to the end of achieving "the best long-term outcome" in the challenge against government's e-toll project.
"The board invited input from other organisations, to help it appreciate the fuller significance and ramifications of this matter. We are considering all inputs, constraints and options so as to best achieve our strategy. The meeting and input was extremely constructive and we are busy formulating our decision, to be communicated on Wednesday, 16 October, by 15h00, in the form of a comprehensive press statement."
Duvenage said last week the alliance would have to get a mandate from its members - as well as funding to the tune of R1.5 million - should the Constitutional Court path be pursued. He said he still believed Outa had a strong case and that the question of e-tolls' legality had not been addressed in the judicial process.
Special courts
Amid the furore, it has also emerged that the SA National Roads Agency (Sanral) approached the Department of Justice in 2011 to consider setting up special courts to prosecute motorists that do not pay their e-toll fees when the system goes live.
Sanral spokesperson Vusi Mona says the idea is for the "e-toll courts" to exist as part of the criminal justice system within SA's judicial system as it stands - but with a different focus. "The idea is to assign dedicated courts within existing facilities as opposed to creating new courts."
According to Clause 27 (5) and Clause 54 of the Sanral Act, it is a criminal offence for motorists travelling on Gauteng's e-roads not to pay the ascribed e-toll fees.
As to whether Sanral anticipates large volumes of non-compliers or "e-toll offenders" - Mona says, as with any new project implementation, "it can be expected that the degree of non-payment will be higher in the initial months, after toll commencement".
He says, from Sanral's side, the follow-up process to ensure user compliance and payment of outstanding payments includes invoicing and debt collection, with discount incentives if payment is made.
Mona reiterates that Sanral believes South Africans are in general law-abiding citizens. "We expect those who want to enjoy the benefits of the improved infrastructure on Gauteng freeways to pay for those benefits in accordance with the user-pays principle."
Given the anticipated high violation rates in the initial period, says Mona, the need for dedicated courts makes sense. "Ultimately, courts fall under the Department of Justice and they will make the final call on the matter."
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