AfriForum will bring court action to fight e-toll debt
CIVIL rights group AfriForum says it is ready to take up the legal battle with the Department of Transport and the SA National Roads Agency (Sanral) if any motorist is pressed to pay the historic debt relating to the gantries on Gauteng’s freeways.
Last week, it was reported that the e-tolls had been permanently scrapped but motorists would still be expected to pay their outstanding debts.
The Government Gazette declaring the end of e-tolls was published towards the end of March. However, how the debts will be collected from motorists will be announced at a later stage.
AfriForum said it would take the matter to court, if any motorist is pushed to pay the e-tolls debt.
“They (government) have done it in the past, where they refuse to allow people to renew their driver’s licences, so they can use this route or they can do it via summonses.
“But we are ready to take on the first court case and just lay the principles and foundations for this court case in order to assist motorists going forward and in the future by providing full legal services to them,” said AfriForum’s Charne Mostert.
“We are ready and our legal team is ready, should this happen, to assist wherever possible.”
She added that AfriForum would not be charging motorists for the legal representation.
AfriForum, however, indicated that it would be assisting motorists who have not made an undertaking in the form of a signed contract, indicating their willingness to pay for the e-tolls.
“If you signed a contract, you are obliged to pay, so there is a big difference between the two. I am no legal expert, but we can only assist individuals who do not have a contract because there is a big difference between the two (motorists who signed up to pay and those who refused to sign),” said Mostert.
The e-toll system was also scorned by trade unions and civil organisations.
From March 2012, Opposition to Urban Tolling Alliance (Outa), which was intentionally formed to fight e-tolls, rigorously opposed the implementation of e-tolls until it lost an appeal at the Supreme Court of Appeal (SCA) in October 2013. Following the loss, former Transport Minister Dipuo Peters announced that e-tolls would go live on December 3, 2013.
In a last-minute attempt, Freedom Front Plus tried to stop the e-tolls and had its application struck from the roll by the Gauteng High Court, Pretoria, on December 2, 2013.
Last week, Transport Minister Sindisiwe Chikunga and Gauteng Premier Panyaza Lesufi led the celebrations on Thursday as the government officially terminated the e-tolls.