90 percent is not full compliancy – JPSA

Justice Project South Africa (JPSA) has said anything which is only 90 percent compliant is actually non-compliant.

This was said following a statement made by the National Consumer Commission’s (NCC) head of advocacy, education and awareness, Ms Phumeze Mlungu in which she said, “Sanral’s e-tolls terms and conditions are 90 percent compliant with the Consumer Protection Act”.

JPSA believes 90 percent compliance with the Act actually violates the provisions set out therein.

According to Ms Mlungu, legislative amendments will be required to bring Sanral’s terms and condition in line with the Act.

She also said the NCC had received two complaints and four enquires with respect to e-tolling since its launch in December.

“For the NCC to state that legislative amendments will be required to bring Sanral’s terms and conditions in line with the Act is an outright admission of collusion between the two state agencies. It is also an admission that the NCC is not acting in the interests of consumers,” the JPSA said in a statement.

The statement added that since Ms Mlungu did not specify which 10 percent of Sanral’s e-tolling terms and conditions violate the Act, it is not possible for the JPSA to comment on this beyond saying that both Sanral and the Department of Trade and Industry have had more than sufficient time to make certain the e-tolling terms and conditions comply with the Act, prior to the launch of e-tolling.

“Furthermore, if the NCC is clearly prepared to turn a blind eye to the violation of its own legislation and thereby fail in its supposed mandate of protecting consumer rights, it is hardly surprising that so few people have complained to them,” the JPSA said.

The organisation added that Sanral had also recently taken it upon itself to reduce the terms of payment for road users.

According to the JPSA, a 60 percent discount on invoices paid within 30 days has been reduced to 17 days and less.

The period of validity for discounts is legislated in the e-tolls tariff gazette of 19 November 2013.

“Both the NCC and Sanral have made an utter mockery of the laws of South Africa by their collusion and preparedness to violate the very laws they expect others to abide by.

“The JPSA recently encouraged members of the public to lodge their complaints over e-tolling with the state-controlled NCC and we now see the error of our ways. We simply cannot with good conscience continue to refer people to a colluding department like the NCC,” the JPSA stated.

The general manager of communications for Sanral, Mr Vusi Mona, said the entity was surprised by the comments made in the JPSA’s statement.

“As a state-owned entity we respect the independence of the NCC and we find the accusation of collusion deplorable,” he said.