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The End of E-Tolls

Category Legal

Government Scraps Controversial System

After more than a decade of contentious existence, South Africa's e-toll system in Gauteng has officially been scrapped, bringing relief to millions of motorists. The decision, announced by Transport Minister Sindisiwe Chikunga, took effect at midnight on April 11, 2024.

The e-toll system, which was launched in 2013 amidst widespread public opposition, has been a source of significant controversy and civil disobedience. Most drivers in the province, which is home to three of South Africa's largest cities, refused to pay the levies imposed on the freeways connecting Johannesburg, Ekurhuleni, and Pretoria.

The genesis of the system dates to 2008 when the South African National Road Agency (Sanral) announced plans to upgrade and toll the highways, largely unnoticed by the public until 2011. This decision, while aimed at infrastructure improvement, was met with deep unpopularity.

"The resistance by Gauteng motorists and various other stakeholders suggests we could have consulted widely and done things differently," acknowledged Minister Chikunga. The tolls became a significant issue in elections, with the ruling party's vote share in the province declining sharply over the years.

Various legal challenges and public protests further underscored the opposition to the tolling system. Sanral's attempts to enforce payments through advertising campaigns and legal threats largely failed, with most drivers ignoring the tolls.

The decision to end the e-tolling system was precipitated by an agreement among key stakeholders, including finance and provincial leaders, to formally discontinue the system and address outstanding debts related to the Gauteng Freeway Improvement Project (GFIP).

"This will effectively bring the urban e-tolling in Gauteng to an end," affirmed Minister Chikunga. The agreement includes provisions for alternative funding solutions to manage the debt and address infrastructure maintenance costs.

Outa, a civil society organization that spearheaded legal challenges against the e-tolls, welcomed the decision. CEO Wayne Duvenage noted that sustained public resistance ultimately led to the collapse of the controversial system.

While the toll gantries will remain as national roads, their future use is under discussion, with proposals to repurpose them for crime prevention and other transport-related services. The government emphasizes the importance of continued engagement to find stable funding solutions for road infrastructure.

With the e-toll saga now concluded, attention turns to the maintenance and restoration of Gauteng's road network, which is in dire need of investment. The government remains committed to the user-pay principle but seeks more sustainable funding mechanisms for road development and upkeep.

In the aftermath of this decision, questions linger about reimbursement for motorists who paid into the e-toll system and the future use of toll infrastructure. The government aims to repurpose these assets to enhance mobility, road safety, and security.

The scrapping of Gauteng's e-toll system marks a significant milestone in South Africa's transportation landscape, reflecting the power of public opinion in shaping policy and infrastructure decisions.

Author: Louw & Coetzee Attorneys

Submitted 18 Apr 24 / Views 94

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