Fin24

D-day for e-tolls judgment

2012-12-13 07:48

Johannesburg - Gauteng motorists will hear the fate of the Gauteng e-tolling system on Thursday when judgment in the matter is handed down in the North Gauteng High Court.

"I don't have to say this, but judgment is reserved," Judge Louis Vorster said on November 28.

"I don't want to keep the public waiting and will be as expeditious as possible." 

The Opposition to Urban Tolling Alliance (Outa) wanted the court to review and set aside the SA National Roads Agency Limited's (Sanral) decision to declare sections of Gauteng's freeways as toll roads.

Outa accused Sanral of deliberately keeping the public in the dark and being dishonest about the implementation of tolls in Gauteng.

David Unterhalter SC, for Sanral, rejected the claim as reckless. 

In September, the Constitutional Court overturned an interim order which had put a hold on the e-tolling project. 

The Constitutional Court found the High Court in North Gauteng had not considered the separation of powers between the high court and the executive. 

The High Court ruled on April 28 that a full review needed to be carried out before e-tolling could be implemented. 

Sanral and the National Treasury appealed against the court order, and said delays prevented the payment of the R21bn incurred in building the system.

 

Comments
  • jacob.zooma.9 - 2012-12-13 07:58

    Pay your E-toll, it's the right thing to do.

      robes.spear - 2012-12-13 08:01

      The judgement does not matter... We still won't register of pay!

      tannie.marie - 2012-12-13 08:03

      ^^^ troll ^^^

      ryvon30 - 2012-12-13 08:03

      whatever, they wont get a cent from me

      robes.spear - 2012-12-13 08:06

      @Tannie - Not troll, satire!

      tannie.marie - 2012-12-13 08:08

      Not you robespear, the clown above you dear ;)

      maree.cassie - 2012-12-13 08:23

      We have had enough, we will not play any further part in corruption...fund your own houses and renovations. I will not register for E-toll!

      jrheeder - 2012-12-13 08:30

      A method of legally delaying e-toll payments is extremely simple, yet completely successful, and wholly legal. 1) After the first 4-6 weeks of passing through toll gantries, send SANRAL a registered letter, expressing your concern, that for the last 4- 6 weeks you have not received a payment request from them. You must state that you are COMPLETELY willing to pay the toll fees, but this cannot be carried out without a detailed invoice. Unreliable postal services could be to blame, so please would they send you your invoice by registered mail, to ensure you receive it. (This is a fully legal AARTO requirement for any letter of demand.) Make a photocopy of your letter, get a COMMISSIONER OF OATHS to stamp the copy, and keep your registered mail receipt. Such a request could take months to be settled, and if you are fortunate, never at all due to the sheer volume of similar requests received. Should you finally receive a notification that a registered letter has arrived for you, take as long as possible to collect it. This method is based upon the fact that they do not use registered mail to send invoices. If one considers the past history of all traffic fines received, these all arrive by normal mail to prevent the high costs of registering letters.

      jrheeder - 2012-12-13 08:30

      2) Should SANRAL surprisingly, after a lengthy period, comply with (1) above, then send them a second CERTIFIED letter by registered post, requesting that they send you a photograph for every single gantry you have passed under for that month, proving that is was your car you that is being invoiced.( Perfectly legal and reasonable request from any motorist ). Such photographs obviously, you must request to also be sent by registered mail to ensure delivery. Also takes weeks to collect such registered mail, should it in the unlikely event, ever be posted. Explain that you have heard that certain motorists are using illegal false number plates and you therefore require the photographs to prove that it is definitely your cat that is being charged. Such a request could takes months to be settled, or if you are very fortunate, never. Consider the sheer volume of requests they should by now have received. If their system is not set up for such requests, which I am almost positive is the case. (Hope I am not wrong on this one) Can you imagine the difficulties and problem they will have, in trying to MANUALLY comply with the thousands upon thousands of similar requests received. To be really difficult, how about querying some of the less clear photographs taken at night. Even if they come back to you asserting that the photographs are in their opinion, all perfectly readable, further delays will have been successfully applied.

      jrheeder - 2012-12-13 08:30

      3) Should SANRAL try to speed up communications by requesting your e-mail or fax number, or send you SMS’s, or trying direct contact by phone, I have considered very simple ways of negating each of such requests. I am not mentioning any of these methods, as I want to keep this article 100% above board, and free of any questionable actions. 4) In the unlikely event that all the above somehow be resolved, than obviously pay, but only for that particular month under review. 5) Start the whole lengthy procedure all over again, 4-6 weeks after the termination of the second month’s toll fees due. Continue with the same, for every individual month that follows.

  • collet.letsoalo - 2012-12-13 08:03

    Whatever the outcome, I am not going to spend a penny of my hard-earned cash to pay for the roads that I have alresdy paid for through tax. I will only pay from behind prison bars, but they have to catch me first.

  • warwick.railton.7 - 2012-12-13 08:05

    Either way the court goes, we will not pay for etolling, we will not get tags to pay these fat cat politicians & sanral scuz buckets their ill-gotten gains. To get tagged is to condone corruption – bottom line. Jail the corrupters &do it now. We say no sanral, we say no anc, we say no to taxes on our existing roads…………..build your own & tax them. Civil disobedience, here we come.

  • marc.ross.965 - 2012-12-13 08:10

    E-Toll has the people of SA united against a common cause. In fact it is probably the most unifying topic in years. Well done ANC you have unified us regardless of colour or creed. It may not have been your intention but it worked.

  • lorraine.smith.9404 - 2012-12-13 08:14

    The problem is that I have heard (and could someone please let me know if this is true) that the money used for this project is from the Government Pension Fund and needs to be repaid?? If this is so, then I am afraid it will go through??

      konstabel.koekemoer - 2012-12-13 09:06

      Yes, some of the money does come from the Government Pension Fund. Even more reason to boycott the system as they want to get a indefinate stream of cash for their pensions. If e-tolling goes ahead you will see the toll fees increasing by Eskom margins over the next few years and the fees will never be reduced even when the initial debt has been paid. This is exactly what has happened on all the national toll roads.

      heinrich.etsebeth - 2012-12-13 10:05

      It has also been confirmed that 25% of the bill has already been settled from the 2012 fiscal budget by the government on behalf of SANRAL. So what is stopping them from using what we already pay them by means of taxes and applying it where it is supposed to go?

  • storm.chambers.5 - 2012-12-13 08:20

    What is government going to do if we don't pay. They can't keep up with all the work they have at the moment.

      dewaldmontgomery - 2012-12-13 10:00

      They will eventually liquidate all their tax payers, I guess. Officially running out of funds, therefore, and officially cause nationwide riots because they don't have any more money to provide handouts, payouts and all other benefits to the poor. And therefore, there will be a hostile takeover, and the ANC will lose power to a new Afrodictohyponepocratic state. Like all other African states. O well, that's my long term prediction, anyway.

  • Alan - 2012-12-13 08:20

    Don’t buy e-tags. I am not going to let anybody deduct money from my account without proof of service. I will insist that Sanral POST all photographs of my car (with my number plates) going through the toll gates. They cannot email them because my spam blocker won’t allow them. Then if they can get that right then maybe I will pay. My company does not pay for anything without the vendor supplying proof of delivery. Similarly I will not pay for any toll without SANRAL proving to me that MY car with my number plate went through the toll.

      mc.segal.5 - 2012-12-13 19:59

      And you are smart enough not to give them your email address anyway..

  • michael.neville.9849 - 2012-12-13 08:34

    A few hundred vs the rest of the country... goodluck enforcing this a*$holes.

  • flysouth - 2012-12-13 08:39

    The fate of the toll system lies not with the courts but with us,the road users.

  • edwin.morena.3 - 2012-12-13 08:45

    Remix of Jackson Phuzaface Mthembu son: Dont buy etags dont buy..... Dont buy etags dont buy..... Dont buy etags dont buy...... Goes on nd on nd on......singing...... Lol!

      dewaldmontgomery - 2012-12-13 10:01

      Never touch me on my e-tag. Something like that.

  • Martha1234 - 2012-12-13 08:48

    Not fussed, will NEVER buy an e-tag, so they are just going have to spend money tracking me down to send me my bills!

  • nombu.mkhize.5 - 2012-12-13 08:50

    Dont buy e-tag dont buy

  • aspruyt - 2012-12-13 08:56

    Whatever the judgement they will not get 1c out of me.

  • rahil.khanna.520 - 2012-12-13 09:09

    The only TAG im gettings is a Watch ..To hell with ScamRal

  • mark.stoltz.77 - 2012-12-13 09:11

    couldn't they use the R21 Billion to fix the roads? oh wait we are dealing with idiots... right

  • Thabo Mbewu - 2012-12-13 09:16

    e-Toll??? Those who created it will see to finish it!!! WARNING!! WARNING!! WARNING!! DO NOT push us to the edge!! or ELSE...

  • james.baillie.12764 - 2012-12-13 09:59

    Pay your Etolls is not the right thing to do. Goverment is being dishonest and ripping us South Africans off

  • jacques.v.staden - 2012-12-13 10:21

    It's not like Gauteng is already expensive to stay at, adding this costs will reduce the household income for a working couple by R1000.00 if I am correct. Households today already turn every penny around just on groceries. When will the milking end?

  • jacques.v.staden - 2012-12-13 10:22

    It's not like Gauteng is already expensive to stay at, adding this costs will reduce the household income for a working couple by R1000.00 if I am correct. Households today already turn every penny around just on groceries. When will the milking end?

  • johann.matthews.50 - 2012-12-13 10:24

    The current issue of e-tolling and the taxes collected can be resolve with a simple formula that can be understood in layman terms. The concern is that the tax collected is to make a few people rich while exploiting the users of the road. A simple formula can put everybody minds at rest. The method of the formula is to put a cap on the tax collected per month. This means that the monthly payment required to be paid for the road improvements must be made known, and that the taxes collected per month will be stopped once this amount has been collected. It must also be acceptable that a 15-20% admin fee will loaded on top of the monthly capped limit. Thus there will be no unjustified collection of taxes where the public does not know how much is collected. All taxes collected can then be accounted and reported on for the right use thereof.

  • johann.matthews.50 - 2012-12-13 10:24

    The formula is as follows: Collect total taxable kilometres per vehicle Sum the total taxable kilometres for the month Calculate each vehicle’s percentage of taxable kilometres from the month sum of taxable kilometres. Calculate the tax for each vehicle using the vehicle’s percentage of the monthly road tax required. Secondly calculate the rebate on fuel levy for roads for each vehicle: Calculate the litres of fuel used for each vehicle using the taxable kilometres and fuel index for each vehicle type. Calculate the monthly road levy tax per litre of fuel. Calculate the rebate as the per litre tax levy times by # consumption litres used.

  • johann.matthews.50 - 2012-12-13 10:24

    The e-tolling equipment and systems are NOT part of the formula as the people of the land must only pay for the roads and not the means of overloading costs from equipment and system from a company. Keep in mind that the roads are relatively new and that guarantees and warrantees must be in place to cover at least 3-5 years of use. There after the road maintenance will kick in. At the time that the road maintenance kicks in it can be expected that the cost of building the new road has already been paid for, thus the amount that would be required to maintain the road should be far less probably in the order of 15-20% of the monthly tax collected for the building costs.

  • johann.matthews.50 - 2012-12-13 10:24

    So what does this mean to the road user whom is already paying road taxes when buying fuel? The e-tolling will not be a business that will exploit you in order to make an individual rich. It will purely be a means that will justify the correct amount of funds require for building and maintaining a road. Considering the financial corruption opportunities in South Africa, I believe that a monthly capping on the e-tolling would make sense and give the road user the peace of mind that the tax collected is directed to only one cause. It would also mean that tax money does not go into a bottomless pit but rather into a bucket that does not overflow. It can then be controlled, measured bucket that does not overflow.

  • charl.brown.961 - 2013-01-11 08:15

    A. I have used road for 50 years, why must I now pay?? B. What happens to tax paid that should be used for roads?? C. How much are bad management decisions by ETOLL board costing the taxpayer??? they (board) should all be fired... 1. Expensive offices -excess space charged per square meter -elaborate branding what for -over staffed what for 2. Mobile offices -overboard outlay -why operate on sunday at overtime rates & no enquiries -what cost per customer ITS A JOKE AND TAXPAYER JUST PAYS & PAYS & PAYS

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