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Public's e-toll comments get deaf ear

Bonnie Tubbs
By Bonnie Tubbs, ITWeb telecoms editor.
Johannesburg, 25 Jun 2013
The approximately 850 written submissions on government's latest e-toll regulations and notices will not sway the imminent rollout of the system.
The approximately 850 written submissions on government's latest e-toll regulations and notices will not sway the imminent rollout of the system.

The SA National Roads Agency (Sanral) remains bent on implementing open road tolling on Gauteng's highways, despite more than 11 000 submissions, public hearings and an impending court case - none of which, says the state-owned entity, have any bearing on the principle or commencement of e-tolls.

This is according to Sanral spokesperson Vusi Mona, who says the roads agency's published regulations and notices - gazetted last month - received about 850 submissions from the public at close of business yesterday.

The Department of Transport (DOT) and Sanral published seven regulations and notices pertaining to the implementation of e-tolls on 24 May, and interested parties were given 30 days to submit written comments on the draft documents to government.

Mona points out that the comments invited, however, will not sway government's e-toll plans. "[The comments] do not impact on the principle of tolls or the expected commencement of toll collection on the Gauteng e-roads, but are considered in relation to the content of the final regulations and notices."

Sanral did not answer ITWeb's query on what it intends to do with the submissions received, nor on whether these would be made available for public viewing.

Continuing crossfire

Meanwhile, the Opposition to Urban Tolling Alliance (Outa) is set to have its appeal against e-tolls heard in the Supreme Court of Appeal (SCA), in Bloemfontein, in three months' time.

Outa chairperson Wayne Duvenage says the alliance remains hopeful that its SCA hearing - tabled for 25 and 26 September - will "finally demonstrate the shocking extent of this matter, which has been nothing short of a sheer lack of respect for the citizens of this country".

Duvenage believes, despite government's claims to the contrary, that the e-toll project is in no position to be successfully implemented. He says the whole system is a "house of cards" that he predicts will quickly come crashing down. He questions Sanral's recurring delays in launching the system, despite its confident assertions.

"Outa wishes to remind Sanral that the e-toll decision by the Constitutional Court in September 2012 overturned only the interdict against Sanral to launch e-tolling, which is a completely separate legal matter to the merits of the decision to proceed with e-tolling - which will be tested at the Supreme Court of Appeal in September.

"Mona, in his recent comments, appears to not recognise the critical difference and, for that matter, cannot explain why Sanral has delayed their e-toll launch for over nine months since the September 2012 case, despite Sanral's court testimony indicating their need and intention to start tolling within two weeks of the interdict being set aside."

Duvenage says the regulatory framework is part of the entire process and is still "fraught with challenges, some two years after Sanral's initial e-toll launch dates in 2011".

Persistent prodding

Sanral continues to tout e-tolling as a system that will ultimately benefit the economy of SA, and urges motorists to get "tagged" as soon as possible.

Earlier this month, Mona said in a statement: "With the introduction of e-tolling on some highways in Gauteng set to start in the near future, motorists [need to] get their e-tags and register for payment without delay."

Mona says motorists should not be confused by court actions currently under way, as e-tolling in Gauteng is no longer legally disputed.

"The legality of open road tolling in Gauteng was settled by the Constitutional Court when it lifted, in September last year, the interim interdict preventing Sanral from implementing e-tolling in Gauteng."

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