FF+ complaint given to Sanral for resolution

Consumer body says it isn’t responsible for adjudicating e-toll dispute

THE NATIONAL Consumer Commission (NCC) has handed over a complaint about the illegality of e-tolls to Sanral to sort out, and forgot to tell the complainant.

“The NCC, after assessing and analysing the complaint from the Freedom Front Plus, referred it to Sanral in terms of section 99 of the Consumer Protection Act, to promote informal dispute resolution. Sanral has since informed the NCC that it has requested a meeting with the complainant in this regard, and that it will provide an update to the NCC in due course,” NCC spokesman Trevor Hattingh said.

He said the NCC must promote informal dispute resolution, such as conciliation, mediation or negotiation, but was not responsible for intervening in or adjudicating this.

On November 2, the FF+ complained to the NCC that the Gauteng e-toll system and associated billing of motorists was illegal as Sanral’s gantry equipment was never certified by the National Regulator for Compulsory Specifications, as required under the Legal Metrology Act.

Yesterday FF+ MP advocate Anton Alberts said he wasn’t happy with this outcome as Sanral was clearly breaking the law.

“This is the first time we’ve heard about it,” said Alberts.

He said Sanral had asked the FF+ for a meeting, but because the party hadn’t heard from the NCC, they didn’t respond to Sanral. “But if the NCC is giving a ruling in this respect, then we will engage with Sanral and see if we can find a compromise that will work for the consumer. If not, we will take the matter back to the commission for a formal decision from their side on a legal basis and to, if necessary, issue a compliance order against Sanral,” said Alberts.

The NCC has the power to refer matters for prosecution, but did not do so. “The Legal Metrology Act states that when it’s an infringement of this nature, it’s a criminal offence; that’s how seriously it’s regarded,” said Alberts.

“It also states that if you continue running a business with technology that’s not certified, and you advertise it – as Sanral is doing on all media platforms – it is also a criminal offence. So Sanral is consistently breaking the law. For me, that’s akin to racketeering.”

Alberts said Sanral was very vocal about its own victories in court but ignored the law itself.

“They have not complied with the law up to this point: all bills issued by Sanral for e-tolling are illegal and unenforceable. And we will win that case in court. If anybody is taken to court by Sanral, just on that technicality they will win the case. Sanral has no case at all as far as we are concerned,” said Alberts.

“If Sanral doesn’t submit to this position when we engage with them, then we will take the matter back to the commission and ask the commission to fulfil its legal duty to force Sanral to comply with its legal obligations.”

Sanral did not respond to queries.