Sanral threatens e-toll defaulters
JOBURG - The South African National Roads Agency (Sanral) has announced that road users who have persistently refused to settle their e-toll debt may receive civil summonses from the company over the next few days.
Gauteng Freeway Improvement Project (GFIP) manager, Alex van Niekerk said the first set of civil summonses for individuals is being delivered by sheriffs in different jurisdictions in Gauteng.
“The summonses will also include higher value summonses of mostly companies. Due to the amount owed in these cases, the summons has to be managed by the high court,” said Van Niekerk.
Van Niekerk said the decision to issue summonses comes at the end of an extensive period of communications between Sanral and vehicle owners who neglected to pay outstanding debts.
He continued, “It is a natural conclusion to the process. Since the introduction of the 60 percent discount of e-toll debt in November last year, Sanral has made it quite clear that it will also introduce a process of debt collection against serial defaulters. The Electronic Toll Collection company, which runs the system on behalf of Sanral, has reiterated and amplified this, not only through the media but also directly to individuals through phone calls, e-mails and text messages.”
He emphasised that Sanral has a responsibility towards the country and the thousands of compliant vehicle owners who regularly pay their e-toll accounts to recover the outstanding debt from defaulters.
“We have an obligation to act. The global ratings agencies and the investment community are also looking towards Sanral and expect us to demonstrate our commitment to financial responsibility and high standards of corporate governance.”
However, Van Niekerk stressed that civil summons must not be confused with criminal proceedings. It is similar to not paying any commercial accounts and should not be confused with a criminal case.
However, the Organisation Undoing Tax Abuse (Outa) dismissed these threats stating, “Sanral’s selective e-toll summons threats remain unfounded.”
In their statement, Outa said they noted with interest Sanral’s latest round of threats to summons e-toll defaulters, which is selective and confined to a civil claim against high value corporate organisations.
Outa chairperson, Wayne Duvenage said that two years ago, Sanral sent out their first threats of criminal summons, however, that was put to bed when Sanral realised they had no basis for criminalising e-toll defaulters whose case could be easily defended.
Sanral’s decision to tackle the high value, corporate defaulters, on the basis of a civil charge, is questionable in that this angle is generally one taken on disputes of a contractual nature. It would appear then that companies and people who may therefore be at risk of a summons, are those who have signed Sanral’s e-toll contracts in the past and have now defaulted on these.
However, even in this situation, many businesses would have initially signed these agreements under duress of Sanral’s initial threats of criminal prosecution and defaulters would have a strong chance to defend their rights of ceasing to pay for the unjust e-toll scheme.
