E-toll users may have to settle debt
As more troubles mount for Sanral, it may be the same for some road users as they may have to settle their e-toll debt, says a report in The Citizen.
The Inclusive Society Institute (ISI) said that Sanral cannot – in terms of the Constitution – write off debt owed by millions of defaulting motorists to the Gauteng Freeway Improvement Project.
It indicated the ‘constitutional law dictates that Sanral does not have the power to retrospectively excuse non-payment of e-toll fees once incurred’.
Stellenbosch University law Professor Geo Quinot said in the legislative scheme, the power to levy a toll on the use of any national road was vested in Sanral in terms of of the Sanral Act.
Quinot said the Constitutional Court had in a previous case held that ‘the legislature and executive in every sphere are constrained by the principle they may exercise no power and perform no function beyond that conferred upon them by law.
When this principle is applied in the current context, it follows that Sanral does not have the power to excuse non-payment.’
However, Outa boss Wayne Duvenage said ISI had missed the point: ‘This is a far more complex matter than has been portrayed in the ISI legal opinion and it will need to come down to a formal gazette by the powers that be, to absolve all road users of this debt, including refunds to those who did pay their e-toll bills, if the principle of fairness is to be applied.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
