Sanral under fire over invoice statement
Fin24

Sanral under fire over invoice statement

2013-12-23 11:33

Cape Town - Justice Project South Africa (JPSA)  on Monday lashed out at national roads agency Sanral's latest "threat against motorists" over e-tolls, saying its statement contained factually inaccurate information and showed a scant understanding of e-tolling processes.

“The provisions of the Sanral Act and e-road regulations are not a wish-list – they are the law and for (Sanral spokesperson) Vusi Mona to claim otherwise is simply bizarre,” said JPSA chairperson Howard Dembovsky.

He was reacting to the Sanral statement on Sunday which said that not paying e-tolls is against the law, regardless of whether an invoice is issued.

Dembovsky said regulation 6(5) of the e-road regulations is not only clear, but prescriptive. "It says that Sanral must issue an invoice to any person from whom it requires payment of outstanding e-tolls.

“The word 'must' in legislation is not an ambiguous word in any way; it is a prescriptive word which places a duty on the party against whom it is applied,” he said.

In response to Mona’s statement that “it is regrettable that there are some organisations which are still contesting the legality of e-tolling outside court processes”, JPSA pointed out that it has challenged the Department of Transport to obtain a declaratory order deeming the provisions of the e-tolling laws to be valid in light of the “mistakes” contained in the e-toll tariff gazette.

“If Sanral chooses not to obtain this clarity, they run the risk of forcing citizens to approach the courts to do so,” Dembovsky said. “In the long run, this could cost Sanral much more than fixing the error now."

Dembovsky said Mona's threat that "not paying toll fees may have unintended consequences which
can affect one's life, (like) getting a job, renting a vehicle or accommodation, getting a loan, being a company director, getting promoted” is both inaccurate and juvenile.

He said Sanral's attitude is loathsome, "especially in light of the fact that the AARTO Act decriminalises road traffic offences which includes non-payment of tolls".

"AARTO makes provision under charge codes 3820 and 3821 under Schedule 3 of the Act to deal with these matters.”

Dembovsky said that AARTO was in force in a large proportion of the jurisdictions the Gauteng Freeway Improvement Project (GFIP) passes through and "this anomaly was just one of the questions posed to the Department of Justice, Department of Transport, NPA and Sanral".

"If AARTO is applied to speed fines on the respective freeways then AARTO applies to all minor infringements such as non-payment of toll fees, and the DoT will know that AARTO specifically decriminalises traffic violations and no one can be guilty of a criminal offence for non-payment as Sanral claims.

“JPSA is still awaiting clarification of the issues raised,” Dembovsky said.

Comments
  • Rentia Button - 2013-12-23 11:46

    Yeah...'bout that.... still not going to pay or get tagged. Thieves.

      Linds Ron-House - 2014-01-03 22:26

      I once tried to outsmart SARS and it ended up being a very costly affair. Two of my friends have also had to pay SARS over R400k each. One was so financially crippled by this he had to return home (Mauritius). I don't want to make another bad financial decision. Dining out with my family costs over R450, so it's not like we're talking about huge e-Tolling amounts that can break the bank.

  • pmalungana - 2013-12-23 11:49

    Arrogance borrowed from the ruling party

  • Sarel W Brits - 2013-12-23 11:50

    They are a bunch of cader deployed F wits what do you expect.

  • Sipho Gift - 2013-12-23 11:54

    Indeed sanral is a bunch of arrogant gangsters trying 2 bully us 2 fund their corrupt scheme project & vusi mona everytym he open his dirty mouth I know that juvenile utterance wil cum out of it I'm still enjoying driving under these e-toilet gantries on N1 N3 N12 & still not tagged like jz & his cadres no cent frm me will go 2 sanral

  • Tshepiso Komape - 2013-12-23 12:02

    My news'resolution is I will never by an e-tag and will never pay to use these roads

  • DerekMain - 2013-12-23 12:05

    AMANDLA AWETHU!!! Phansi cANCer, phansi!!!

  • Gavin Harrison - 2013-12-23 12:06

    First used the toll roads on the 6th of December. Two weeks later I still haven't received an invoice. If i don't receive an invoice I won't pay...simple as that! I am not tagged and never will be! #ProudlyETagfree

      Sardick Davids - 2013-12-23 13:11

      received four registered letter notices. I know exactly what it is, and I refuse to collect it, cos its SCUMRAL invoices. They can send it back...

      Gift Gwe - 2013-12-23 18:48

      I feel the same way - e-tag my foot. I will NEVER pay for such nonsense - In fact, make them work hard for every payment. even if they send sheriffs for collection. They can't arrest the whole of JHB. it's impossible

      Cate Geurden - 2014-01-03 09:50

      To date, I have not received an invoice. Yet, today I get an sms - "notification of violation of none payment" and that the case has been handed over...

  • Ridwan Halim - 2013-12-23 12:09

    Mona is so juvenile! The picture that scumral is painting is one of...."We are desperate" ; "We have failed" ; "We have lost this one"...I wonder will they make their first R250 million payment to their corrupt associates back in Austria? I don't thinks so! Mona, 2014 is your year. You need to stop with your threats!

      Konstabel Koekemoer - 2013-12-24 09:00

      Mona is very desparate, he is about to loose his job and who the hell will ever hire such a liar and an idiot, oh wait, he might get a job as a deaf interpretor for ANC functions.

      Sheik Mohammad - 2013-12-27 00:05

      At Konstabel Koekemoer, Boet if you haven't spotted a liar then you haven't listened to any speeches from the ruling party. Vusi's lies on e-toll is nothing compared to the guys from the "Security cluster", the one about the top ANC guy who had a small rondewal in the veld. Now it is a compound covered in rondewals with bullet proof glass in every toilet. And they say he has not clue how it got there.

  • Nectarios Photiou - 2013-12-23 12:14

    They will not see a cent from me.... They can shove their E-Tags there where they know..... Ask Zuma To Pay for it!!!!

  • Erwin de Ruiter - 2013-12-23 12:15

    Thank you JPSA!

  • Mike Heyns - 2013-12-23 12:18

    Please pay your e-tolls?? Nkandla needs an essential tennis court to hold potential burglars in custody. Please note that this is a security requirement!

      Tshepiso Komape - 2013-12-23 13:02

      Its not a tennis court its a fire drill court. To be politically correct

      Mike Heyns - 2013-12-23 14:13

      @Tshepiso: LOL With or without high heels??

      Freddy van Wijk - 2013-12-23 17:24

      Whoever needs these e-toll fees will be forced to collect inside a lion camp.

      lacrimosewolf - 2013-12-23 18:55

      @Mike Heyns - hmm, it is unclear at this stage whether the chickens, soccer players or the firefighters will be in high-heels. The high-heel contract is out for tender.

  • Freddy van Wijk - 2013-12-23 12:24

    E-toll fees will become tax deductible. The reason being is that many motorists are self-employed and therefore rely on their own vehicles to earn an income. They will be forced to adjust their cost structures higher in order not "to go under"(insolvent). SARS will have to accept this "come what may".

      Clive Cellarius - 2013-12-23 13:09

      Its never going to come to that if you don't buy an e-tag! This corrupt scheme is doomed!

      Konstabel Koekemoer - 2013-12-24 09:07

      Tax deductible or not, you still need to pay the full fee and only get a small portion of it back in tax refunds. Better to boycott the system to make it disappear forever. If they were to succeed you will see many more gantries and Eskom like tariff increases.

      Voelgerus Diego - 2013-12-24 13:03

      To claim the tax deduction. SARS WILL NOT ALLOW IT WITHOUT PROPER PROOF. SCAMRAL WILL HAVE TO PROVIDE THIS TO ALL WHO REQUIRE THIS.

  • Kevin Marsh - 2013-12-23 12:26

    Mona just needs a brain , in fact half a brain . Will someoneexplainto him that regardless of anything E Tolls is cancelled forever. The people have spoken.

  • thozi - 2013-12-23 12:30

    I've just received my first invoive that demands payment... from me! These people are really ambitious if they really think I'm crazy enough to send them my hard earned cash. Talking of cash, I understand there's a rural village in KZN that has pilled up millions of Government money... can't they use that?

  • Aroka Murombe - 2013-12-23 12:51

    It seems as someone has grab them by the balls.. Lol its time to call on booo hou to bail you out . Till we met on the road I've long paid for

  • Martin Jansen - 2013-12-23 12:56

    If there is one phrase the anc understands it is surely "we, the people, demand..." well then, we the people demand the cancelling of the whole e-toll project. Understand?

      Lukas Ekisjouvaader - 2013-12-23 15:47

      For 48 years it was "we, the people demand". Add another 20 years and it changed to "we, the government demand". Reaction from this side is still the same - FAIL

      Konstabel Koekemoer - 2013-12-24 09:10

      Now it's only the ANC cadres that deman every cent from the people so that they can live in luxury while the very people that voted for them are living in poverty. The are rotten to the core and there is no cure.

  • Kallie Marie - 2013-12-23 12:59

    Keep on the bully tactics ... we will retaliate !!!

  • drsparky - 2013-12-23 13:00

    I love the e-toll saga... it is so funny when government incompetence slams into real people with real intelligence that cannot simply be pushed into submission like they do with everything else they do. It's one thing to pass a law without direct ramifications, hold empty press releases and use red tape to bulldoze over accountability. It is an entirely different thing to try and convince fed-up tax payers to make a conscious decision to hand over more money.

      Clive Cellarius - 2013-12-23 13:11

      And I think this is only the beginning!

      Marie - 2013-12-23 16:44

      Fed up Taxpayer Joburg billing Eastern suburb Malvern Kensington property December statement due 12 of december was pay'd on the date! 2156 rand Using 10 To 15 kw electricity per day = +_ 500 rand the most New statement arrives pay 1820 rand By """ 2 nd of jan 2014 Invoice in 18 day ""Due??? Who can keep up with thes' owe taxation I am working until i drop Is thAt not a unberable situation? Was charged since 2008 Year some Months 4500 rand 6300 rand Spend 18 months In Jorrisson street No one ewer come back to me with the queries I have bond registered on my haus that i can pay utility bills " So that i do Not stay home less I am i my late sixties

  • Mbudzeni Shandukani - 2013-12-23 13:03

    The scamral spokesperson is desperate & really stupid to suugest that majority gauteng citizens will be cornered to pay the toll. I am still waiting for my invoice,without it they sont sed a cent from me.I cant even guarantee scamral that they will get any cent from me after issuing me with invoice.

  • Roger Williams - 2013-12-23 13:04

    Here’s a thought Go into one of their offices and make a payment for passing one of their gantries( chose a nice cheap one) Give them a fictitious numberplate and demand a receipt pay in 10 cent coins. Should keep their computers quite busy for some time.

  • sxp - 2013-12-23 13:38

    No payment as there is no contract between me and Scamral or this corporation called The Republic of South Africa.

      lacrimosewolf - 2013-12-23 18:28

      Unfortunately the govt signed that contract on your behalf - along with the arms deal contract, the MANY Nkandla contracts, VAT, SITE, Personal Income Tax, Fuel Levy, service fee for your dustbin (has anyone seen a dustbin service centre btw?). These are all the great benefits you automatically qualify for by living here.

  • jacques.botha.1217 - 2013-12-23 13:44

    Thank you for clarity !! No e-toll for me.And thank you for all the Gauteng people standing for what is right

  • Kevin Marsh - 2013-12-23 13:48

    Just remember guys . Swop back your number plates with the neighbour before you head for the coast

  • Christa Campbell - 2013-12-23 13:56

    Go check out all the complaints on Hellopeter.com regarding Sanral, etags, etc. You'd be crazy to let them have your details.

  • Erna Westdyk - 2013-12-23 14:00

    Sanral are bullies!

  • Jako Carbutt - 2013-12-23 14:13

    I though I'd be a good citizen and register and get an E-Tag. My R50 was credited to my account. Guess what. I never went through one gantry but received an Invoice showing R2 deducted. They are sending you an invoice and charging you R2 for it. Not even a paper one. Electronic. Thank Sanral.

      Sarah Laubscher - 2013-12-23 16:14

      A fool ans his money is soon parted.

      Jean-Pierre Heyns - 2013-12-23 16:18

      Hahah that is so true Sarah! I will only pay when pigs start to fly!

      Nic Mechanic - 2013-12-23 18:15

      hey Carbutt....oh nevermind.....

      Frank Coetzee - 2013-12-23 18:25

      Samral: Pleasure idiot (By the way. We deducted R2 for this answer)

      Clive Cellarius - 2013-12-23 18:25

      First class example of what happens when you buy an e-tag! Don't buy an e-tag - the system is collapsing!

      lacrimosewolf - 2013-12-23 18:29

      Send it back by registered post. It's clearly faulty

  • Johan Bester - 2013-12-23 14:18

    According to an article on Hellopeter: Most people are aware by now of the discrepancy between the Afrikaans & English versions of the Government Gazette regarding toll fees. CHECK THIS OUT: - In section 3.2.4 of the "Tariewe" section in the Afrikaans version of the Government Gazette it states alternative users will be billed in accordance with Column 5. Eg. Class A2 vehicle at Barbet gantry will be billed R5.80. In section 5.19.1 it states that a discount of 60% of the tariff in Column 6 will be given if paid within 30 days. 60% of the tariff in Column 6 for the same gantry is R17.40 x 60% = R10.44. Therefore SANRAL would owe you R5.80 - R10.44 = R 4.64. Unfortunately according to section 5 the discounts can not exceed the tariff, therefore if you "pay" within 30 days you should pay NOTHING!!!! This of course only applies to all of us refusing to get e-tags, the rest are pretty much *******. MERRY CHRISTMAS!!

  • Paljas Paljassie - 2013-12-23 15:27

    What happened to the previous comments News24? Very selective on comments today.

  • Karen van Zyl - 2013-12-23 16:07

    I had to register for work purposes, but hear the irony of this.... you can only top up at one of their branches as the software has not yet been loaded at the shops they advertise.... Register on the web... well you are only per-registered and need to go to their offices after all! Just coming back from Pretoria to JHB, going through only 2 e-tolls cost me almost R12, so where is this promise that registered payers will not pay so much??

      Sarah Laubscher - 2013-12-23 16:18

      If you think the COJ billing was a crisis, you ain't seen nothing yet. The only good thing about SCAMRAL is that they don't have anything to cut off!!

      Clive Cellarius - 2013-12-23 18:28

      Simple solution - don't pay. They'll try and bully you, but they have NO handle on the problem,

  • CALAMITYSA - 2013-12-23 16:28

    FNB charges for cash deposits - 0.70% of deposit value (min R5,50) So Pay E tolling charges CASH and pay R5,50 at a time - Then SANRAL pays R5.50 - min charge - for every deposit - Net result for SANRAL - R0 - but you have paid your debt. It will be highly enjoyable to spend 30 min in a queue at a bank - or send somebody to do it for you - give him/her R2.75 and deposit R2.75 - Cost for Sanral - net - 2.75 - and the agenr in the queue - +R2.75. 100 deposits per day - R275 - any offers - I'll take it.

      lacrimosewolf - 2013-12-23 19:38

      Assuming of course that SCAMRAL has the same pricing model that the average citizen has with FNB.....

  • Tracy Muller - 2013-12-23 16:30

    Zuma does not have to pay for the upgrade to his home because he did not ask for it. We did not ask for the upgrade of the roads - so we don't need to pay either.

      Anthony Richardson - 2013-12-23 18:26

      If ever there was a precedence set, that is it! Well done Tracy for pointing that one out.

      Vikabantu Biyase - 2013-12-23 20:07

      Precisely Tracy!

  • Mart Botha - 2013-12-23 16:53

    More proof that these idiots are incompetent to the Nth degree. The ANC and in particular those in government would not last 5 minutes in 'any' other government in the world ....they are so mentally damaged by their own propoganda that the herd instinct is taking over.....they somehow believe that weight of numbers determines right and wrong.....waste of our country's potential having them and their clones in office.

  • Shuma Papa-Rifuwo Nkuna - 2013-12-23 18:17

    Lol, this is the most stupid thing I've ever heard, how can u pay for something without an invoice or price tag? How will u know how much to pay? Lol ANC realy messed up here, they cannot even administer the stupid E-toll that they were proudly trying to force to SA. Let me sit back and enjoy the show, don't get tagged, let zuma pay for it, he has toomuch of our tax to throw around

      lacrimosewolf - 2013-12-23 18:18

      Like so many other things, the ANC is very, very good at bullying and terrifying people into submission

      Frank Coetzee - 2013-12-23 18:29

      That is why they need us to register so that they can just deduct and deduct. No invoices, no proof, no questions. Just idiots

      Shuma Papa-Rifuwo Nkuna - 2013-12-23 19:09

      Lol @Coetzee, we won't budge, they didn't care about our debt situations when they implemented this, y should we care about the debt they incurred?

  • Michael Moolman - 2013-12-23 18:48

    Isn't this e-toll saga becoming messier by the day? One would have thought that the brains trust empowered to extort and appropriate money from citizens already taxed to the hilt, would have spent a little more time on the finer legal details of this sordidly unpopular tax.

      lacrimosewolf - 2013-12-23 19:01

      Hahaha "brains trust". We know the ANC's stance on all things - the PEOPLE must, BUSINESS must. The ANC has kept themselves well-employed and funded writing screeds of laws that not even they understand. And having done so, their part of the contract between the people and themselves begins and ends. If you want to get them to DO anything, YOU have to take them to court (many courts) and even when the highest courts in the land tell them to get off their butts and do something, they just don't (e.g. education/textbooks). So even a court victory is completely hollow because we are powerless to make them do anything. The only option we have is to take them out of office, en-masse

      Charles Kuhn - 2013-12-23 21:31

      Michael, Lacrimosewolf is mostly right, except where he states "we are powerless" - WRONG. We, the proudly e-tagless, are VERY powerful, and in this instance do not need a court order. Our power IS working, and Alli's plan is falling apart. Together we will overcome the cANCer, showerheads and expert deaf Signers they expect us to pay for. Mahatma Ghandi was RIGHT- it is our duty to disobey an unjust law!

  • danie.burger.52 - 2013-12-23 20:04

    They learn reading at Malema's school so excuse the ignorance

  • masiqhame938 - 2013-12-23 21:05

    Mona's statement is the joke of the day which is normally provided by an ANC minister saying something daft. Mona has not been doing to badly recently and making Jimmi look smart these days.

  • sandile.s.gumede.5 - 2013-12-23 21:59

    People just pay up. U are fighting losing battle.

      Clive Cellarius - 2014-01-03 21:08

      Ha, ha, ha, ha, ha! You have soooooo much to learn still!

  • Altus Kirsten - 2013-12-24 07:25

    Is Sanral on/under fire?

  • James Smythe - 2013-12-24 09:59

    As far as I am concerned it is all hot air to contuinue arguing any merits or otherwise of this issue - we are way past that phase! The continued bleating of SANRAL is like a pathetic sheep which has finally come to realise, too late, that it is about to be eaten by the wolves. Who are the wolves who will consume SANRAL? - we are - the road users of Gauteng who have not bought and will never buy e-tags and who will, as the law PRESCRIBES, demand a detailed invoice for every transaction when we pass under a gantry. Yes we will probably pay those invoices in our good time, but we are all busy so that may only happen at the very last minute! These actions will destroy any chance that SANRAL ever imagined they had under their very stupid business model (totally reliant on cheap and instant cashflows via electronics), of seeing success in their criminal endeavours to steal and then export the wealth of SA citizens to Austria and other places and into the pockets of disgusting thieving con-men overseas and in SA!

      Chris Faurie - 2013-12-31 11:17

      If you pay at the last minute, it will sink them!

      Cate Geurden - 2014-01-03 10:35

      I have not received any invoice, yet I did get an sms today, for a violation of non-payment. Oh, yes...SANRAL has the postal details and are now able to send a statement (with invoices?) within ten days. So...how come is it possible to send a statement (excuse the delay) after the "case" has been handed over?

  • Sidney Meyer - 2013-12-24 11:16

    arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,arrogANCe,AND MORE arrogANCe

  • Gideon Louis Rossouw - 2013-12-24 13:41

    Section 27 (5) of the SANRAL Act 7 of 1998 refers to failure or refusal to pay at a toll plaza, or place indicated. It is an absurdity to equate someone who has passed under a gantry, or series of gantries and has no idea what the actual toll is (and there are differential tolls, so I actually don't know whether the displayed toll is the e-tag rate, or the alternate user rate or whatever), to someone who has refused to pay a toll at a toll plaza. Does the Minister of Transport have any idea how much damage the constant stream of inaccuracies and half truths emanating from Vusi Mona has SERIOUSLY undermined the legitimacy of the e-toll process. He is one of the main reasons I will not register, and will require evidence for every claim from SANRAL. I do not TRUST anything SANRAL says, writes, posts or tweets.

  • Michiel Erasmus - 2013-12-25 17:03

    I am not going to have something as petty as a late payment for SCAMRAL put my future in jeopardy. If any chances of getting a loan or a job in the future is affected then SCAMRAL will have to support any loss of income.

      Chris Faurie - 2013-12-31 11:18

      People will understand. This is a common enemy!

  • Sheik Mohammad - 2013-12-26 23:46

    Sanral should get rid of Vusi Mona and replace him with Mac Maharaj, the king of spin. Now there's a man that can lie and still look you in the eye.

      Clive Cellarius - 2014-01-03 21:10

      Mac is actually squint! LOL!

  • Chris Faurie - 2013-12-31 11:07

    Please tell whether I am correct. If I am not acquiring an e tag, I am not engaging or participating with SANRAL in any contractual manner. How can I then be held responsible for payment of an one sided agreement? However if though, I am stopped by a boom at a toll booth and can only proceed by paying, I have to pay. The way the billing are proposed to work will fail, as you cannot provide your bank details to a dubious company and the postal service is inadequate for the response required. Furthermore, if I have to pay a bill, please provide me with the proof of when I actually used the facility, or else a lot of bills can be faked.

  • Cate Geurden - 2014-01-03 09:46

    e-Toll Violation Notification via sms. I received the notification at 09:02, today. I called the SANRAL Customer Service Department. The client service person (csp) asked for my email address and I said no, “I am waiting for my invoices by post.” Which I had not received. The client service person (csp) wanted me to tell her what my post box number was. I responded by asking her to tell me what it is, as they should have it. When she refused, I insisted that she at least tell me the number of the post box. Which she did, so...they do have the correct postal address. Why no invoice? According to csp, the statement is pending. She will action it that it gets sent today and it should be in my postbox in ten days. I requested that she request that the corresponding invoices are included with the statement to the address. Oh, yes – go online and find out where you have been before they send you anything. Yes! SANRAL does no work for the money they “expect” to collect. What if one does not have a violation number to refer to? Question: Did I do something wrong by telephoning them? Why is it so easy to send a statement after there is already a demand and the “case” is handed over? P.s. invoices would be required, too.

  • Johan du Toit - 2014-01-04 11:55

    I do not like the e-toll but some of JPSA's statements are nonsensical and I will be reluctant to follow their advice willy-nilly.

  • Jeff Baxter - 2014-01-05 17:11

    One of my personal beefs is the fact that Sanral autonomously entered into this diabolcally unworkable and cost-ineffective long term contract wirh a foreign entity on the premise that south africans are good people and will pay regardless of cost or efficiency or moral correctness.

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