Sanral in consultation with NPA over e-toll defaulters
JOBURG - The NPA has confirmed that two senior prosecutors had been assigned to advise the roads agency on potential action against motorists who refused to pay their e-toll bills but that no prosecutions were currently being pursued.
In another move to compel e-toll defaulters to pay, the South African National Roads Agency Limited (Sanral) has approached the National Prosecuting Authority (NPA).
The NPA has confirmed that two senior prosecutors had been assigned to advise the roads agency on potential action against motorists who refused to pay their e-toll bills but that no prosecutions were currently being pursued.
“For us as the NPA, in order to prosecute there must be a case… Sanral must provide the NPA with a document pertaining to at least one motorist to determine if a violation has been committed, and we have not been given that document,” said prosecuting authority spokesperson Nathi Mncube.
He said that two senior prosecutors had been meeting with roads agency officials regarding e-toll defaulters after the roads agency had approached the prosecuting authority.
However, the advocates were assigned merely to consult with the roads agency and to establish whether the refusal to pay e-tolls did amount to a criminal offence.
Mncube denied that the prosecutors would take on 40 test cases, referring to the current consultation between the prosecuting authority and the roads agency as a research phase.
“We are not looking at any particular case at all; there is no document in front of us,” he said.
Mncube said that generally, according to Section 27 5A of The Sanral Act, any person liable to pay tolls, not only in Gauteng but across the country, who refused or failed to do so was guilty of an offence punishable by imprisonment no longer than six months or a fine, or the terms of imprisonment and a fine, upon conviction.
Earlier this month, the roads agency’s spokesperson Vusi Mona said Sanral endeavoured to exhaust all possible avenues before taking legal action against e-toll defaulters.
Meanwhile, the Opposition to Urban Tolling Alliance raised their concern over the proposed prosecution of non-paying e-toll users.
The alliance’s chairperson Wayne Duvenage said the organisation had approached the roads agency and the prosecuting authority, requesting that any prosecutions be delayed until a resolution was found by the panel tasked with reviewing the impact of e-tolling, which was established by Gauteng Premier David Makhura.
However, its request was rejected.
As a result, the alliance launched its Rule of Law campaign to fight the roads agency in court by taking up the cases of motorists who were being prosecuted for failing to pay e-tolls.
