This follows complaints by irate motorists on consumer websites and social media against Sanral and its collection system.
National Consumer Forum (NCF) chairman, Thami Bolani said Sanral’s use of SMSes is “unlawful”. “We believe that the proper way to bill people is to send a written invoice, providing the necessary details and proof [of using tolled routes],” he said.
In instances where motorists were receiving SMSes and invoices reflecting different balances, a person could end up paying more than they owed explained Bolani.
“The system still has a lot of problems, and consumers should be given more time to ensure they are not paying the incorrect amount,” he added.
He advised consumers to continue lodging their complaints with the National Consumer Commission.
However, he added, the commission may face challenges taking action against Sanral because it is “not totally independent”.
According to the Consumer Protection Act, the commission is not allowed to take action against another government agency.
Howard Dembovsky, Justice Project South Africa chairperson said that Sanral was in contravention of the Consumer Protection Act, which states that the price stipulated is the price that must be paid.
He said that Sanral had been handing over motorists who had not paid their tolls charges within seven days to its Violations Processing Centre (VPC) but motorists were continually using tolled routes and incurring additional charges.
As a result, he said, the “stupid” SMSes notifying motorists of the amounts owed varied from one to the next, thus causing confusion.
Despite Sanral’s claims that it is standard business practice to undertake the debt collection process without sending invoices, the roads agency is “putting the cart before the horse”, Dembovsky said.
“Name me a single other company in South Africa that hands people over to debt collectors before sending them an invoice,” he added.
Complaints against Sanral include recipients of SMSes had not yet received an invoice, SMSes did not provide the necessary details such as the recipient’s name or vehicle registration number, and the amount stipulated in SMSes increased from one message to the next.
According to Sanral, a motorist has seven days after passing a gantry in which to pay the toll.
If payment is not made within the stipulated “grace period”, the default is referred to the VPC and the motorist then becomes an “alternate user” and forfeits any discounts. Alternate user tariffs are three times the amount of standard tariffs.
