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Cape Town - The Opposition To Urban Tolling Alliance (Outa) has accused the South African National Roads Agency (Sanral) of dishonesty, lack of responsiveness and failing to be open with users of what it calls Gauteng’s e-tolled "pay-ways".
In a comprehensive 10 000 word complaint lodged with the office of the public protector on behalf of consumers, Outa consultant and spokesperson John Clarke said Sanral breached no fewer than seven of the entrenched human rights contained in the constitution.
He has distilled 10 of what he labels “statements of grievance” to substantiate alleged violations, backed up by information from media sources and interviews with visitors to e-toll customer service centres.
Said Clarke: “Our right to privacy is not been upheld, while our right of access to information is being denied. That’s completely the wrong way around in the relationship that should prevail between citizens and the state."
Outa found on December 12 2013 that only 15% of e-toll road users had been fitted with e-tags. Recent snap counts at various intersections showed that the number has barely doubled to 30% after eight weeks, said Outa.
It pointed out that this falls far short of the required levels of success at 80%, especially after Sanral’s threats and intimidating messaging and invoice wording.
"We warned that Sanral’s ‘spook’ tactics would backfire and now they will have to answer to the public protector for failing to show commitment to our human rights," said Clarke.
"Unless there is a radical turnaround, this albatross will never fly."
Outa said it would place its submission to the public protector on its website.
Here is the full list of Outa's 10 grievances against e-tolls:
1. Dishonesty in reporting on the sales of e-tags, by fabricating an illusionary and self-deceiving impression that the system is functioning according to plan, and for failing to take users into their confidence on the extent of the security breaches after the Sanral IT systems were hacked or notifying the user base as a whole that their personal data may have leaked.
2. Abuse of their authority and power by sending unjustified, inaccurate and offensive messages to people that have provoked needless fear and anxiety and undermined the legitimacy of the state in its function to uphold the rule of law.
3. Discrimination against “alternative users” of the freeways by failing to provide the promised level of service to enable them to take advantage of discounts, process their payments via internet banking, and provide them with documentation for normal accounting purposes.
4. Unfairly penalised alternative users with exorbitant and extortionist tariffs if they do not pay their e-toll bills promptly, while failing to provide users with accurate and timely tax invoices and proof of the usage charged.
5. Maladministration of the data bases and mismanagement of the IT systems by failing to ensure the necessary data integrity of primary sources and clean up the system, while expecting the users to take responsibility for initiating remedies to correct the errors and problems.
6. Obtaining personal information of people by violating their right to privacy.
7. Discourtesy to people seeking redress and explanation for errors and problems that have arisen from internal problems.
8. Failure to give complainants access to information necessary for the exercise and protection of their constitutional rights, and specifically their consumer rights.
9. Failure to provide reasonable and transparent justification for decisions taken by the authorities with respect to public money.
10. Failure to provide the advertised discounts for users who have bought e-tags and have signed Sanral terms and conditions.
In a comprehensive 10 000 word complaint lodged with the office of the public protector on behalf of consumers, Outa consultant and spokesperson John Clarke said Sanral breached no fewer than seven of the entrenched human rights contained in the constitution.
He has distilled 10 of what he labels “statements of grievance” to substantiate alleged violations, backed up by information from media sources and interviews with visitors to e-toll customer service centres.
Said Clarke: “Our right to privacy is not been upheld, while our right of access to information is being denied. That’s completely the wrong way around in the relationship that should prevail between citizens and the state."
Outa found on December 12 2013 that only 15% of e-toll road users had been fitted with e-tags. Recent snap counts at various intersections showed that the number has barely doubled to 30% after eight weeks, said Outa.
It pointed out that this falls far short of the required levels of success at 80%, especially after Sanral’s threats and intimidating messaging and invoice wording.
"We warned that Sanral’s ‘spook’ tactics would backfire and now they will have to answer to the public protector for failing to show commitment to our human rights," said Clarke.
"Unless there is a radical turnaround, this albatross will never fly."
Outa said it would place its submission to the public protector on its website.
Here is the full list of Outa's 10 grievances against e-tolls:
1. Dishonesty in reporting on the sales of e-tags, by fabricating an illusionary and self-deceiving impression that the system is functioning according to plan, and for failing to take users into their confidence on the extent of the security breaches after the Sanral IT systems were hacked or notifying the user base as a whole that their personal data may have leaked.
2. Abuse of their authority and power by sending unjustified, inaccurate and offensive messages to people that have provoked needless fear and anxiety and undermined the legitimacy of the state in its function to uphold the rule of law.
3. Discrimination against “alternative users” of the freeways by failing to provide the promised level of service to enable them to take advantage of discounts, process their payments via internet banking, and provide them with documentation for normal accounting purposes.
4. Unfairly penalised alternative users with exorbitant and extortionist tariffs if they do not pay their e-toll bills promptly, while failing to provide users with accurate and timely tax invoices and proof of the usage charged.
5. Maladministration of the data bases and mismanagement of the IT systems by failing to ensure the necessary data integrity of primary sources and clean up the system, while expecting the users to take responsibility for initiating remedies to correct the errors and problems.
6. Obtaining personal information of people by violating their right to privacy.
7. Discourtesy to people seeking redress and explanation for errors and problems that have arisen from internal problems.
8. Failure to give complainants access to information necessary for the exercise and protection of their constitutional rights, and specifically their consumer rights.
9. Failure to provide reasonable and transparent justification for decisions taken by the authorities with respect to public money.
10. Failure to provide the advertised discounts for users who have bought e-tags and have signed Sanral terms and conditions.
