The National Consumer Commission (NCC) says the SA National Roads Agency's (Sanral's) request to meet with commissioner Mamodupi Mohlala on e-tolling was premature.
The agency twice delayed a conciliation hearing with the Democratic Alliance (DA) on the matter. First, on 29 March it claimed ignorance of the meeting, and then for the meeting on 5 April, the agency cancelled and instead requested a meeting with the commissioner.
DA Gauteng transport spokesperson Neil Campbell says the NCC has now been firm in its request for Sanral to attend the hearing. In its response to Sanral, it said the agency's request for further postponement of the meeting fell outside the five-day period contemplated in its guidelines for such requests.
“Sanral has until close of business today to provide valid reasons as to why they want a private meeting with the commissioner instead of the scheduled hearing with the DA,” says Campbell.
The agency has been informed that a new hearing has been set for tomorrow at 12pm, and that failure to attend will be viewed as a wilful default and the conciliation process will proceed in its absence.
No impounding
regulations pertaining to the National Roads Act (Act 7 of 1998) will allow vehicles to be impounded if toll fees are not paid, the agency says this is not true and the legislation has been misinterpreted.
“The draft regulations do not mention anywhere that road users' vehicles would be impounded if they have outstanding toll fees.” It says that, where any vehicle is parked on a national road in a position, which in the opinion of an authorised employee is likely to cause danger or obstruction to traffic, then the employee may remove it to a government facility.
The agency explains that the action is done in the interest of safety and the vehicle is not being impounded.
Confiscated licences
Sanral also clarifies that officers will not have the power to confiscate the licences of road users on the Gauteng e-roads. “Here again, the association is wrongly made between the confiscation of licences and the non-payment of toll fees.”
The draft regulations say the law enforcement officers can: “Impound any document (which could include a licence) which appears to be or which that employee suspects to be invalid or which has been or appears to have been unlawfully altered or defaced or which is being put to unlawful use, and where any document is so impounded, the employee must issue a receipt in respect thereof to the person concerned.”
Sanral says there is, therefore, no link whatsoever between the non-payment of toll fees and the confiscation of licences.
Violating constitution
The Justice Project of SA questions the justification of creating “Sanral Gestapo-like powers, which surpass those granted to real law enforcement agencies like the South African Police Services with respect to search and seizure of people's vehicles and driving licences and other licensing documents”.
It adds that the legislation drafters seem to have been ignorant of the existence of two other pieces of legislation in SA - the Criminal Procedure Act and the Constitution of the Republic of South Africa - “which enshrines the right of every person not to have their person, home or property (which includes a motor vehicle) searched without warrant”.
“Had the Department of Transport and Sanral not adopted the arrogant attitude and grossly incompetent lack of attention to detail they have with respect to this entire e-tolling debacle, they would not have had to rush to draft poorly thought out legislation or waste people's time commenting, within very tight timelines, to draft legislation which violates the Constitution and therefore cannot constitutionally be passed into law by Parliament - unless of course, the Constitution is discarded and changed in its entirety as has been mooted recently, prior to enacting this atrociously ridiculous draft legislation.”
Contentious police
The Department of Transport (DOT) on 27 March gazetted the Sanral and National Roads Act regulations, 2012. Interested persons are invited to send written comments on the draft regulations within 20 days from the date of publication to the attention of Trevor Mphahlele, via MphahleT@dot.gov.za; or the DOT at Private Bag X193, Pretoria, 0002.
The draft regulations seek to introduce amendments to the current regulations in order to facilitate enforcement of the pending e-tolling in Gauteng, set to be implemented on 30 April. It says “authorised employees” will be empowered to request e-tags and driving licences from motorists. The “authorised employees” can also, while in a uniform approved by Sanral's CEO, require drivers to stop their vehicles; and question the driver of a vehicle about whether their tolls have been paid.
Campbell says there is contention with the legislation empowering Sanral CEO Nazir Alli to appoint his own police force to ensure toll compliance on Gauteng freeways. “The draft legislation reeks of the arrogant high-handedness, which has come to symbolise government's and Sanral's inept handling of the hugely unpopular Gauteng urban tolls.”
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