Business Day

State ‘is confusing and indecisive about e-tolls’

- Staff Writer

The Organisati­on Undoing Tax Abuse (Outa) says it will continue with its plan to defend motorists who receive a summons from the SA National Roads Agency (Sanral) for outstandin­g e-toll debt.

It follows comments by Mampho Modise, deputy director-general of public finance at the National Treasury, who told Moneyweb on February 26 that “Gauteng has agreed that debt should and will be collected”.

Outa questions Modise’s statement, calling it confusing since e-toll debt by motorists is collected by Sanral and not the Gauteng provincial government.

“What makes the threat of going after those with outstandin­g e-toll debts more confusing is that Sanral stopped issuing summonses against e-toll defaulters in 2019, and most of this debt has now prescribed,” said Wayne Duvenage, CEO of the civil action organisati­on.

In October 2022, finance minister Enoch Godongwana announced the end of e-tolls. In January 2023 Gauteng premier Panyaza Lesufi said R6.9bn would be refunded to those who had paid e-tolls, a statement on which he has since backtracke­d. At last week’s state of the province address, Lesufi said the process to switch off e-tolls would start by March 31. He also said the provincial government had agreed to pay R12bn towards Sanral’s e-toll debt to finalise the matter.

Duvenage said: “We are left more confused than ever by the latest announceme­nt by Modise. Who since should’ it s we election believe, year especially with different politician­s making so many different promises?”

He accused the government of being indecisive and incapable of implementi­ng its own policies. “Between Sanral, premier Lesufi, minister Godongwana and the department of transport, it seems that nobody knows what is really going on when it comes to finalising the e-toll debacle.”

Outa said it seemed those in the government who were intent on dragging out the e-toll matter had forgotten the test court case between Sanral and Outa supporters for summonses issued for outstandin­g e-toll debt, which remained in limbo.

Since February 2019, Outa lawyers have been defending 2,028 cases on behalf of e-toll defaulters who received summonses from Sanral, with a total value of more than R262m.

Of these, 1,929 cases with a total value of R112m were brought in magistrate’s courts and 99 cases in the high court valued at more than R150m. An aspect of this case is challengin­g the constituti­onality of the e-toll scheme.

In March 2019, Sanral’s board passed a resolution to stop e-toll summonses. In the meantime all these cases have been placed on hold, leaving the legal matter in limbo.

Duvenage said Outa would defend motorists who received a summons from Sanral for outstandin­g e-toll debt, provided that they gave Outa the mandate to do so and that the organisati­on had the funds to do so.

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