Since the South African National Road Agency (Sanral) gave the green light for the issuing of summons against road users with historic E-toll debt, it left many motorists caught in the headlights.
The implementation of the E-toll system has been a contentious issue since it was first introduced in December 2013. As many motorists came along for the ride and installed the infamous E-tags, others decided to ride it out and see whether E-toll will just be a drive-by project.
On March 26 the Sanral Board passed an urgent resolution that it would no longer be pursuing historic E-toll debt incurred prior to 2015.
“It resolved that, given the initiative led by President Cyril Ramaphosa to address the E-tolls payment impasse, Sanral will, with immediate effect, suspend the process of pursuing E-toll debt. This includes historic debt and summonses applied for from 2015,” said Sanral.
“This decision will be constantly monitored by the board and reviewed according to prevailing circumstances.”
Following Sanral’s announcement, various political parties have expressed their support of the decision, but Finance Minister Tito Mboweni has raised concern, stating Sanral’s decision has serious financial implications and that it undermines the core of a user must pay principal.
The Organisation Undoing Tax Abuse (Outa) CEO, Wayne Duvenage, stated they remain cautiously optimistic as Sanral only suspended the process, and it should be noted the process has not been completely scrapped and the suspension should be treated as a temporary situation.
Despite a large number of summonses issued for the collection of E-toll debts, only approximately 26 default judgments have been granted against motorists who did not take any steps to defend the legal action against them.
The prescription of E-toll debts has become a hotly debated issue. As E-toll debts are not considered levies or taxes it remains subject to the Prescription Act 68 of 1969 as Sanral is merely a state-owned juristic entity as opposed to a fully-fledged state department.
The aforementioned debate and lack of participation on the part of Gauteng motorists have been considerable roadblocks in Sanral’s pursuit of E-toll collections and might be the reason for their recent controversial decision.
Whether Sanral will reverse this decision in the near future is unclear and Gauteng motorist might be stuck in neutral until after the April elections.
As the matter currently stands, Sanral’s decision is an indication that it is moving in the right direction for the sake of Gauteng motorist, but it does not mean we have taken the E-toll off-ramp just yet.
Should you have any queries or need any advice concerning this recent issue, feel free to contact the offices of Malherbe Rigg & Ranwell Attorneys on 011 918 4116.
Article written by Elmariese Vermeulen, candidate attorney at MRR.
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