Court challenge for e-toll tariffs

Photo: Leon Nicholas

Photo: Leon Nicholas

Published May 29, 2012

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AfriForum has announced that it is preparing a court challenge to the e-tolling penalty tariff for non-registered users.

The lobby group had already sent a lawyer's letter to the transport department demanding that the penalty tariff notice that was published in the Government Gazette on 13 April be withdrawn.

This involves a completely separate action from the interdict granted on 28 April against e-tolling's implementation, which the government intended appealing.

IT’S UNFAIR!

The interdict allowed AfriForum the opportunity to bring the tariffs before the court to ensure motorists were not treated unfairly, CEO Kallie Kriel said.

The penalty tariff was R1.75 per kilometre for motorists who had not registered and acquired an e-tag, the Sanral announced in April.

Kriel said Sanral's decision to implement the penalty tariff without sufficient prior notice and public participation was in conflict with the Promotion of Administrative Justice Act.

The act stipulates that anyone adversely affected by an administrative action must be given the opportunity to comment on it, he said.

Sanral was also acting against the Competition Act by using penalty tariffs to protect the agency and e-tolling's monopolistic position, he argued. -Sapa & IOL

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