E-tolls are finally heading to court – here’s what you need to know
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The ‘test case’ will effectively set a precedent for future cases, and will likely act as the legal backbone behind the enforcement of e-toll payment orders or whether they may ultimately be scrapped.
Netwerk24 notes that the test case will involve the Benoni-based transport company, Thandanani Packers & Hauliers, which owes R400,000 in e-toll bills.
Thandanani director Venugopal Lutchman Naidoo says he is opposing the claim as the high fees would lead to him having to close down his business.
Thandanani is being supported by the Organisation Undoing Tax Abuse (Outa), which has acted as a firm opponent to e-tolls since their original introduction.
Outa has confirmed that it also wants to add more cases to the hearing and that its lawyers have filed a special plea challenging the overall lawfulness of the tolling system under claims that it contravened the Sanral Act when it declared the Gauteng freeways as toll roads.
This includes the fact that the legislation changes were not widely advertised, were only available in English and Afrikaans, the economic impact of the toll roads was not sufficiently considered, and not enough time was provided to comment.
Outa also alleges that the public had also been misled about the total costs of the e-toll programme.
While the case will now finally be heard in court, Gauteng motorists should still expect to receive e-toll summonses, as Sanral said it would not agree to a suspension.
“Sanral’s lawyers said a general stay could not be agreed to while road users were being encouraged not to pay e-tolls,” Outa said.
Sanral added that it would continue to issue a significant number of summonses and proceed with e-toll claims.
Dire consequences
Sanral is also reportedly looking at more severe consequences for vehicle owners who have not paid up their outstanding e-tolls.
The suggestions were made in a presentation by Sanral to the parliamentary portfolio committee on transport on Tuesday (16 October), where the group said talks with the relevant departments over the impasse around e-toll payments were at an advanced stage.
Among the suggestions is that vehicle licence renewals be withheld until e-toll bills are paid up, or the sale of a vehicle with e-toll debt be blocked.
According to Outa, Sanral also suggested that SARS could serve as an e-toll debt collector in some capacity – or that insurers should refuse to insure vehicles that have outstanding debt.
“(These suggestions) are nothing short of desperate threats that will be extremely difficult to implement,” Outa head, Wayne Duvenage said.
“For Sanral to suggest that motorists’ vehicle licenses will be withheld because of e-toll debt, is ludicrous and illegal. Should they attempt to go down this road, Outa will engage with its legal advisors and the public to challenge these developments.