Afriforum challenges e-Tolls tariff

AfriForum was preparing a court challenge to the e-tolling penalty tariff for non-registered users, the lobby group said.

It had already sent a lawyer's letter to the transport department demanding the penalty tariff notice published in the Government Gazette on April 13 be withdrawn, CEO Kallie Kriel said in a statement.

This was a separate court action from the interdict granted on April 28 against e-tolling's implementation, which the government intended appealing.

The interdict allowed AfriForum the opportunity to bring the tariffs before the court to ensure motorists were not treated unfairly, he said.

The penalty tariff was R1.75/km for motorists who had not registered and acquired an e-tag, the SA National Roads Agency Ltd announced on April 16.

Kriel said Sanral's decision to implement the penalty tariff without sufficient prior notice and public participation was in conflict with the Promotion of Administrative Justice Act.

The act stipulates that anyone adversely affected by an administrative action must be given the opportunity to comment on it, he said. Sanral was also acting against the Competition Act by using penalty tariffs to protect the agency and e-tolling's monopolistic position, he argued.