Outa Challenges Government's Mixed Signals on E-Tolls

The Organisation Undoing Tax Abuse (OUTA), a South African civil action group, remains firmly entrenched in its legal standoff against the South African National Roads Agency (SANRAL) concerning the controversial e-toll system in Gauteng. Their resolve comes amidst what they describe as a whirlwind of mixed messages and indecision from government representatives on the future of e-tolls.

Recently, the deputy director-general of public finance at the National Treasury, Mampho Modise, was reported stating that debts incurred via e-tolls "should and will be collected." This pronouncement counters the efforts SANRAL ceased in 2019 upon halting issuing e-toll summonses. OUTA has challenged Modise's remarks as they introduce yet another layer of uncertainty into an already convoluted situation.

In a response fuelled by both concern and frustration, OUTA CEO Wayne Duvenage criticized the government for what he perceives as a lack of clear direction and policy implementation. The succession of events and statements by various government figureheads has done little but exacerbate public disillusionment. In late 2022, finance minister Enoch Godongwana announced the termination of the e-toll system. By January 2023, Gauteng Premier Panyaza Lesufi notably mentioned a significant refund to e-toll payers, but noticeably backpedaled on that assurance soon after. Premier Lesufi recently proclaimed an impending cessation to e-tolls, aiming for completion by March 31, accompanied by Gauteng government pledges to clear the lingering debts through a R12 billion contribution.

Duvenage criticizes the internal discord within government bodies and highlights an impending election period as a potential factor for the inconsistent narratives. He underscores the consequences of this indecisiveness, as legal proceedings between SANRAL and e-toll defaulters — represented by OUTA — remain stagnant.

With over two thousand cases currently in stasis, the accrued value of contested e-toll summonses exceeds R262 million. Of these cases, the majority are located in magistrate courts, with a smaller yet higher value batch lodged with the high court. A concerning component of this litigation pertains to the constitutional challenge against the e-toll system's legality, brought forth by OUTA, which questions its enforceability.

While SANRAL's board resolution put a temporary end to the issuance of summonses three years ago, affected individuals are still facing the ramifications. OUTA vows to continue its support for motorists facing litigation, predicated on a mandate from such individuals and the proviso that there are sufficient funds to undertake this defense.

OUTA's stance reflects the widespread dissatisfaction with the e-toll system since its 2013 inception, as they claim only a minuscule portion of Gauteng motorists comply with e-toll payments. Their steadfast opposition to the government's "irrational" debt collection plan is a clear statement of resistance against a system they believe to be flawed and ineffective.