Tollgate Action Group (TAG) to continue with court case to have the E-toll Act

2014-01-30
Adv Anton Alberts

The Tollgate Action Group (TAG) consisting of the Freedom Front Plus, the Transvaal Agricultural Union of South Africa (TAU-SA) and the National Taxpayer’s Union (NTU) is determined to continue with the court case to have the Transport and Related Matters Act (also known as the E-Tolls Act) declared unconstitutional.

According to Adv. Anton Alberts, the spokesperson for the TAG and FF Plus MP tasked with transport matters, the TAG, based on legal opinions, is still convinced that the E-Toll Act is unconstitutional, that the regulations were issued illegally and that the e-toll launch date had been announced erroneously. “All these legal breaches will eventually be placed before the court for adjudication. During the urgent court application which was launched on 3 December 2013, the judge had dismissed the application due to a lack of urgency without considering the merit of our case. This is why the TAG will now be placing the court application on the ordinary court roll,” Adv. Alberts explained.

In addition, the original application of 3 December 2013 will be supplemented with arguments of more mistakes in the E-Toll Act and the regulations which we discovered.

Some of the additional mistakes are as follows: 

  • The Toll tariff regulations appear not to be real regulations, but merely a notice;

  • The offense referred to in the SANRAL Act which criminalises non-payment and which is referred to in the regulations is not applicable to the non-payment of e-toll fees. The reason for this is that the offense requires a toll to be payable at any toll plaza which is defined as any toll gate or as prescribed. As motorists are not allowed to offer payment at toll gates, it should have been prescribed. This was however never done.

The TAG would also like to provide motorists with advice about their rights with regards to the e-toll roads. Of particular importance is the following:

  • Accounts: The TAG is considering bringing a lawsuit against SANRAL to force it to manage all accounts in accordance with the Consumer Protection Act. SANRAL’s actions and their regulations itself are full of errors and constitute various infractions of the act. The FF Plus will also assist individuals who want to lay complaints with the Consumer Commission. More information about this can be obtained at www.tollgatepetition.org.za.

  • Prosecution: The TAG will assist any person in court who is being prosecuted for non-payment. The following arguments, amongst others, will be supplied:

  • that the E-Toll Act is unconstitutional and that any prosecution should be stopped pending the outcome of the TAG’s court case;

  • that the regulations indicate that only registered users owe toll fees; and

  • the offense referred to in the SANRAL Act is not applicable to e-tolls.

The TAG encourages the public not to purchase e-tags as those who do buy it, enters into a contract with SANRAL and is therefore contractually bound to make the payments. In addition SANRAL is building up its own data base to prosecute people.

If motorists do make payments out of fear of being arrested, the TAG, on behalf of all motorists, will claim the repayment of all fees which have been paid to SANRAL, should the TAG have the E-Toll Act declared unconstitutional.

The TAG is committed to acting in the public’s interest and having the e-toll system stopped.

 

Contact no.: 082 391 3117