As more troubles mount for the South African National Roads Agency Limited (Sanral), it may be the same for some road users as they may have to settle their e-toll debt.
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 (GFIP).
ALSO READ: E-tolls refunds: More hot air or actual relief for those who paid?
The organisation indicated the “constitutional law dictates that Sanral does not have the power to retrospectively excuse nonpayment of e-toll fees once incurred”.
Sanral blames its R15 billion shortfall on failed e-tolls.
E-toll debt write-off ‘illegal’
According to ISI, its legal opinion is that, in terms of equality provisions in the constitution, the write-off would be illegal and this would mean “road users who have accumulated e-toll debt might have to settle their debt to Sanral”.
Stellenbosch University department of law professor Geo Quinot said in the legislative scheme, the power to levy a toll on the use of any national road wasvested in Sanral by Section 27 of the Sanral Act.
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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.”
Misses the point
However, the Organisation Undoing Tax Abuse (Outa) CEO Wayne Duvenage said ISI had missed the point.
“They have certainly not taken into account the reasons and principles applied by those who refused to pay.”
Duvenage said Outa had through the mandate of thousands of road users (who refused to fund the construction of the GFIP roads), raised a collateral challenge against Sanral.
“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,” Duvenhage said.
