Withholding motor licences due to outstanding e-toll debt is illegal and unconstitutional

2015-05-21
Adv Anton Alberts

Coercive measures regarding the payment of e-toll fees, such as withholding of motor licences of non-payers, is illegal and unconstitutional and is nothing other than administrative blackmail,” Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on Transport says.

Adv. Anton Alberts says that legal opinions which he has obtained indicate that the refusal of issuing licences would be contrary to administrative law of South Africa.

He said the principle of a unilateral punishment, such as withholding a licence without giving a person who is harmed by this action the opportunity to react and putting his side of the case, is in direct contravention of administrative law.

“It boils down to contravening the Consumer Protection Act if something, such as a licence in this case, is withheld due to the non-payment of an unrelated debt.

“The result of the action would place motorists in a position where they will be forced to break the law as they will then have no choice but to drive with unlicensed vehicles.

“At the same time it places consumers in a precarious position as there isn’t any insurance coverage for unlicensed vehicles.

“The only thing the ANC government will accomplish with this action is a much larger problem in addition to the repayment of the huge e-toll debt,” Adv. Alberts says.

 

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