Gauteng drivers were allegedly illegally stopped at a roadblock by SA National Roads Agency (Sanral) traffic officers this weekend and told they have to register for the controversial and suspended e-tolling system or get fined.
Social network Twitter was flooded with complaints about the incident.
One user, @VermiTrade, said it happened on the Linksfield onramp onto the N3 North on Sunday. “I asked them for the legislation which forces me to register at an illegal roadblock. They let me go.”
Other users say the e-toll roadblock is a sign that officers are trying to intimidate drivers to register.
The Justice Project of SA (JPSA) has tweeted several times about the roadblock, saying: “If anyone ever encounters an #EToll block again, please tweet us or @PigSpotter immediately so we can check their credentials.”
Desperate measures
Sanral says it has no comment on the matter yet as it is investigating the allegations.
However, Democratic Alliance (DA) Gauteng transport spokesperson Neil Campbell says if the allegations are true then it is obvious that the agency has acted illegally and “with more than a modicum of desperation”.
“It is illegal for Sanral to set up roadblocks as only policing bodies, with the approval of the Provincial Commissioner, can do so. If either the SAPS [SA Police Services] or metro police were part of this fiasco then they too have acted illegally.”
“The DA is disgusted with the arrogant, non-transparent and uncooperative stand of Sanral regarding the tolls and if this latest act did occur, Sanral deserves to be prosecuted.”
Campbell says in light of this, the DA reaffirms its call to motorists not to buy e-tags or to register with Sanral at this time.
Government saviour?
The Department of Transport (DOT) says government is committed to the repayment of Sanral's debt for the Gauteng Freeway Improvement Project (GFIP).
When asked if National Treasury will repay the debt on Sanral's behalf, spokesperson Logan Maistry said this morning that Sanral's board is exploring various options and will then report to the minister.
The DA's anti-toll campaign, TollFreeGP says the auditor-general reported that R21 billion was wasted in government and this could have paid for the Gauteng highways.
The AG said SA's nine provinces have reportedly wasted R21 billion between them in the 2011 financial year.
Suspension welcome
The e-toll system was supposed to be implemented in February, but Sanral's new board suspended the rollout while it further studies stakeholder comments and petitions. It will then report to transport minister Sibusiso Ndebele, who will in turn present a report to Cabinet.
The Road Freight Association welcomes the suspension of the implementation.
“Although we are well aware that the GFIP has committed costs that need to be paid, we still believe that the proposed e-tolls are a far more expensive mechanism than a universal fuel levy to finance road infrastructure.
“Spending R9.2 billion to collect R21 billion is a major cause for concern - as is the concentric impact on inflation and disposable income of each citizen within Gauteng.”
The Southern Africa Vehicle Rental and Leasing Associations (Savrala) also says it is encouraged by the suspension, but will continue to oppose the current e-tolling implementation plan and, if necessary, take legal action.
“Savrala also believes the current investments in e-tags, infrastructure, staff and vehicles need not go to waste. Should the new Sanral board recommend to the minister of transport that the national fuel levy be used for the immediate Sanral funding requirements, the current GFIP open road tolling infrastructure and e-tags, for example, could be used to assist in several Gauteng pilot projects to help better manage the current traffic violation process and even the pre-payment of vehicle licence discs.
“We should look to try and utilise the available technology in a more value-adding and innovative manner.”
Speak clearly
ITWeb recently reported on several legal concerns regarding the terms and conditions in the registration for e-tolling.
Chris Charter, director in the Competition and Regulatory practice at Cliffe Dekker Hofmeyr, says under the spirit and letter of the Consumer Protection Act (CPA), Sanral ought to do more to educate consumers as to how the toll road e-billing system will work.
He adds that their financial obligations should be clearly broken down, as well as other onerous terms - in particular those that constitute an assumption of risk or liability on the part of the consumer.
“The CPA introduces and entrenches the rights of consumers to disclosure of relevant information in plain and understandable language.
“While it may be that a specific term is not objectively unfair or unreasonable, failure to adequately bring them to the attention of consumers in plain and understandable language may render the provisions unfair,” he explains.
E-tolling: 'Gauteng pays enough'
Sanral defends e-toll terms
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