No resolution in sight for e-toll spat

Published Jan 21, 2016

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Johannesburg - The South African National Roads Agency Limited and and the Freedom Front Plus are going into mediation, each insisting it is fully correct.

The FF+ has accused Sanral of operating e-tolls illegally because the gantries were never certified as required under the Legal Metrology Act, but Sanral insists its operations are legal.

The FF+ complained to the National Consumer Commission in November 2015, and the NCC has told Sanral to use informal dispute resolution to sort out the complaint. But both sides insist their view is correct.

A Sanral spokeswoman insisted: “There is no merit in the complaint and Sanral's activities and the e-toll system and associated billing of motorists is legal and is being conducted lawfully.”

She said the Sanral received the complaint from the NCC on 4 November, two days after the FF+ submitted it.

“As requested by the NCC, Sanral wrote to the FF+ on 18 November 2015 requesting a meeting in order to discuss and endeavour to resolve the complaint. Sanral requested the FF+ to propose suitable dates and times. Unfortunately, the FF+ did not take up this invitation and failed to reply to Sanral.”

Sanral thus could not say when the process was likely to be finalised.

Consumer Commission ducks e-toll issue 

On Wednesday, FF+ MP advocate Anton Alberts said that the NCC had not told the FF+ that the complaint was referred to Sanral for dispute resolution, so the FF+ had ignored Sanral’s request for a meeting pending the outcome of an NCC ruling. He said that the FF+ would now meet Sanral.

Sanral said that the NCC would oversee the dispute resolution process.

The Sanral spokeswoman said: “As the FF+ has not accepted Sanral’s invitation to discuss and attempt to address the complaint, Sanral considers the matter out of its hands and in the hands of the NCC.”

The FF+ complaint said that Legal Metrology Act required that toll equipment must be certified by the National Regulator for Compulsory Specifications before being used, but that the NRCS had told the FF+ that no such request for certification had been made.

“The NCRS indicated that Sanral requested exemption from this requirement, but the NCRS declined this request,” said Alberts in his complaint to the NCC.

“The NCRS also replied that where the specifications for use are not prescribed as yet, the CEO may give interim direction with regards to the use of such equipment. The CEO indicated in the letter that he was in process to deal with the matter on this basis.”

‘IT’S AKIN TO RACKETEERING’

However, the Sanaral spokeswoman reasserted that the e-toll system and associated billing of motorists was legal and was being conducted lawfully.

“Sanral continues to engage with the NRCS as a matter of course to ensure that it continues to operate lawfully,” she said.

But Alberts accusing Sanral of racketeering, saying: “They have not complied with the law up to this point: all bills issued by Sanral for e-tolling are illegal and unenforceable.

“And we will win that case in court. If anybody is taken to court by Sanral, just on that technicality they will win the case. Sanral has no case at all as far as we are concerned.”

The Star

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