SUBJECT: RE: E-TOLLING INTERDICT

Good day SAVRALA Members, OUTA Team and Others

At the outset, I would like to thank the SAVRALA members who agreed to stand up, support and fund this legal challenge to effectively take SANRAL (and the government) to task on their decision to implement e-Tolling as a method of funding the GFIP. Simply put, e-Tolling is impractical and expensive and will be a waste of tax payer’s money if it is ever allowed to be introduced. We also realise that there were revenue opportunities for many within our industries on the back of e-tolling, but this would simply have been wrong, which makes SAVRALA’s stand an even more rewarding one.

I need to mention here that people like Marc Corcoran and Paul Pauwen were the real champions behind this case. They toiled long into the early hours of the mornings and over weekends to provide the legal team with much of the information and evidence required, which ultimately made our case as strong as it was. Then there was the legal team itself, of around 9 people in total, including two amazing senior councillors (Alfred Cockrel and Alistair Franklin) and a “mid” councillor Adrian d’Oliveira who was the “machine” and collated the information and guided the strategy, plus Pieter Conradie and his team from CDH. These are the people we all need to thank for their tireless effort and wisdom that ultimately made it happen.

Where to from here, depends on the action government want to take. If they want to take this to round two, we will have to go to court, not least of all because our grounds are now stronger than ever before, but because this has become a matter of such importance for the public and our democracy at large. I can’t begin to tell you how overwhelmed this team has been by the public and international interest in this case. Essentially it is one which sends a message of how societies can stop wrongful government policy, without having to take to the streets, but to do so, it relies on a sound judiciary that is able to stand up against political pressure and rule in favour of the citizens, when it needs to do so. We will however turn to the public and other businesses and associations to foot the rest of the bill going forward. We are however optimistic that the authorities may just use this opportunity to call it quits for e-tolling, and to seek the best solution for its citizens going forward.

In closing, thank you once again. You can be proud of the stance that your association took in this matter, a stance which I believe all business associations should be taking when government or business policy is out of line with the intended aims. Carbon taxation will be the next issue to challenge, along with AARTO and others, not because we don’t want these in place, but because we want them to be effective and meaningful toward the outcomes they seek.

Kind regards

Wayne Duvenage
President
—

SUBJECT: RE: E-TOLLING INTERDICT

Good day SAVRALA Members, OUTA Team and Others

At the outset, I would like to thank the SAVRALA members who agreed to stand up, support and fund this legal challenge to effectively take SANRAL (and the government) to task on their decision to implement e-Tolling as a method of funding the GFIP. Simply put, e-Tolling is impractical and expensive and will be a waste of tax payer’s money if it is ever allowed to be introduced. We also realise that there were revenue opportunities for many within our industries on the back of e-tolling, but this would simply have been wrong, which makes SAVRALA’s stand an even more rewarding one.

I need to mention here that people like Marc Corcoran and Paul Pauwen were the real champions behind this case. They toiled long into the early hours of the mornings and over weekends to provide the legal team with much of the information and evidence required, which ultimately made our case as strong as it was. Then there was the legal team itself, of around 9 people in total, including two amazing senior councillors (Alfred Cockrel and Alistair Franklin) and a “mid” councillor Adrian d’Oliveira who was the “machine” and collated the information and guided the strategy, plus Pieter Conradie and his team from CDH. These are the people we all need to thank for their tireless effort and wisdom that ultimately made it happen.

Where to from here, depends on the action government want to take. If they want to take this to round two, we will have to go to court, not least of all because our grounds are now stronger than ever before, but because this has become a matter of such importance for
the public and our democracy at large. I can’t begin to tell you how overwhelmed this team has been by the public and international interest in this case. Essentially it is one which sends a message of how societies can stop wrongful government policy, without having
to take to the streets, but to do so, it relies on a sound judiciary that is able to stand up against political pressure and rule in favour of the citizens, when it needs to do so. We will however turn to the public and other businesses and associations to foot the rest of the
bill going forward. We are however optimistic that the authorities may just use this opportunity to call it quits for e-tolling, and to seek the best solution for its citizens going forward.

In closing, thank you once again. You can be proud of the stance that your association took in this matter, a stance which I believe all business associations should be taking when government or business policy is out of line with the intended aims. Carbon taxation will
be the next issue to challenge, along with AARTO and others, not because we don’t want these in place, but because we want them to be effective and meaningful toward the outcomes they seek.

Kind regards

Wayne Duvenage
President
—

SUBJECT: RE: E-TOLLING INTERDICT

Good day SAVRALA Members, OUTA Team and Others

At the outset, I would like to thank the SAVRALA members who agreed
to stand up, support and fund this legal challenge to effectively take
SANRAL (and the government) to task on their decision to implement
e-Tolling as a method of funding the GFIP. Simply put, e-Tolling is
impractical and expensive and will be a waste of tax payer’s money
if it is ever allowed to be introduced. We also realise that there
were revenue opportunities for many within our industries on the back
of e-tolling, but this would simply have been wrong, which makes
SAVRALA’s stand an even more rewarding one.

I need to mention here that people like Marc Corcoran and Paul Pauwen
were the real champions behind this case. They toiled long into the
early hours of the mornings and over weekends to provide the legal
team with much of the information and evidence required, which
ultimately made our case as strong as it was. Then there was the
legal team itself, of around 9 people in total, including two amazing
senior councillors (Alfred Cockrel and Alistair Franklin) and a
“mid” councillor Adrian d’Oliveira who was the “machine” and
collated the information and guided the strategy, plus Pieter Conradie
and his team from CDH. These are the people we all need to thank for
their tireless effort and wisdom that ultimately made it happen.

Where to from here, depends on the action government want to take.
If they want to take this to round two, we will have to go to court,
not least of all because our grounds are now stronger than ever
before, but because this has become a matter of such importance for
the public and our democracy at large. I can’t begin to tell you
how overwhelmed this team has been by the public and international
interest in this case. Essentially it is one which sends a message
of how societies can stop wrongful government policy, without having
to take to the streets, but to do so, it relies on a sound judiciary
that is able to stand up against political pressure and rule in favour
of the citizens, when it needs to do so. We will however turn to the
public and other businesses and associations to foot the rest of the
bill going forward. We are however optimistic that the authorities
may just use this opportunity to call it quits for e-tolling, and to
seek the best solution for its citizens going forward.

In closing, thank you once again. You can be proud of the stance
that your association took in this matter, a stance which I believe
all business associations should be taking when government or business
policy is out of line with the intended aims. Carbon taxation will
be the next issue to challenge, along with AARTO and others, not
because we don’t want these in place, but because we want them to be
effective and meaningful toward the outcomes they seek.

Kind regards

Wayne Duvenage
President
—

OUTA Press Release – 28 May 2012

OUTA welcomes the court’s decision to interdict the launch of e-Tolling, thereby allowing time for the full matter and case to be heard in court. We are pleased that Judge Prinsloo has decided it would be prudent to keep the e-toll ‘horse in the stable’ until this matter is reviewed in full, notwithstanding the recent decision to halt the launch for another month.

OUTA remains adamant that much could have been done by both SANRAL and the Department of Transport to have averted this legal action. We again state that we do not oppose the Gauteng Freeway Improvement Project (GFIP) as there is always a need to improve our infrastructure but we object to the implementation of an unacceptably expensive and administratively burdensome tolling system. It is wasteful to pay additional billions in administration costs when these funds could be diverted to other national transport projects. We believe that the various key decision makers were unable to fully apply their minds effectively, given the information presented to them when the decision to toll was made. It would appear to us that insufficient time and effort was spent empirically challenging the various funding methods available, of which the fuel levy is just one.

Indeed the uniqueness of this particular case, being how the broad spectrum of South African society rallied around the common purpose of e-Tolling, cannot be overlooked. One senses that this may well be the start of new consciousness within South Africa where its citizens have been vindicated and their voices heard.

The interdict victory is just the second round after the case for urgency of this matter was granted in our favour. A much longer and fierce battle now lays ahead as the volumes of documentation will be argued in court to finally prove our case that eTolling is an unjustified, irrational and punitive tax on the citizens of South Africa.

Notwithstanding the interdict which now suspends eTolling until this case has received a full review in court, the authorities recent decision to postpone eTolling is just another example of how poorly this matter has been handled. Five postponements and almost a year after the initial planned launch, SANRAL are still not ready. We are of the opinion that they will never be able to be ready, because in reality, it is only possible to introduce legislation and processes that are practically possible to apply and enforce. eTolling is not supported by the majority of citizens. It is also simply impractical and unenforceable and this this is what SANRAL and the authorities are now starting to realize. By trying to force an unpopular decision on its citizens, the authorities may fast be realizing that this is not a good recipe for a healthy relationship with its people.

We remain hopeful that all parties will find each other prior to the court review, but if this is not the case, we will continue to represent South African road users interests while we seek a more efficient solution to our funding challenges.

— Ends —

OUTA (Opposition to Urban Tolling Alliance) Press Release

15 April 2012

SANRAL INTRODUCES NEW PUNITIVE e-TOLL TARIFF
Department of Transport published the Gauteng e-Toll tariffs in the Government Gazette (#35263) on Friday 13th April and have displayed tactics to try and force the public to register their vehicles with SANRAL, by introducing a new tariff which is almost 6 times higher than the tagged user. To date, the upper limits were indicated at R0.58c per kilometre for non-tagged light vehicles and discounted rate of R0.30c for tagged users. SANRAL have now introduced a new “alternate user” category which has never been mentioned before, of R1.74c per km. This is a shocking new rate for those who do not register their vehicles on the SANRAL database, tag or no tag.

download: Toll-tariff-Gazette April-13 2012 _1-35263 13-4-Transp.pdf 3MB

This brings a whole new dimension to the matter and begs the question, what is the difference between an e-tag and non e-tagged vehicle (ie Vehicle License Number – VLN) when registering with the SANRAL e-Toll system? Clearly this new category rate of R1.74c / km for the road user who chooses not to register their vehicle with SANRAL will be seen as exorbitant and a ‘bully-boy’ tactic to force people to register. One wonders on what grounds are these gross variances are justified. No doubt this is a new issue that may have to be urgently brought before the National Consumer Commissioner and will probably have implications for the engagement process that took place with the Commission last week between the DA and SANRAL.

It is also important to note that the Gazette has made no mention of the tariff exemptions for minibus taxis and commuter busses. In the absence of any details at this late stage, it must be assumed that they are in fact not exempt. The absence of clarity on the criteria for exemptions has further implications for both vulnerable groups (e.g. pensioners, mobility impaired). In addition, the tourism industry which has numerous permitted vehicles and drivers similar to minibus taxi operators, have good reason to expect that they should also qualify for exemptions.

This once again highlights the lack of transparency and insincere approach by SANRAL which may further drive a wedge between the citizens of Gauteng and the authorities on the matter of e-tolls.

Issued by: Wayne Duvenage

Chairperson- OUTA (Opposition to Urban Tolling Alliance)
Cell: 082 884 6652

Press Release: OUTA (Opposition to Urban Tolling Alliance)

15 April 2012

SANRAL INTRODUCES NEW PUNITIVE e-TOLL TARIFF
Department of Transport published the Gauteng e-Toll tariffs in the Government Gazette (#35263) on Friday 13th April and have displayed tactics to try and force the public to register their vehicles with SANRAL, by introducing a new tariff which is almost 6 times higher than the tagged user. To date, the upper limits were indicated at R0.58c per kilometre for non-tagged light vehicles and discounted rate of R0.30c for tagged users. SANRAL have now introduced a new “alternate user” category which has never been mentioned before, of R1.74c per km. This is a shocking new rate for those who do not register their vehicles on the SANRAL database, tag or no tag.

download: Toll-tariff-Gazette April-13 2012 _1-35263 13-4-Transp.pdf 3MB

This brings a whole new dimension to the matter and begs the question, what is the difference between an e-tag and non e-tagged vehicle (ie Vehicle License Number – VLN) when registering with the SANRAL e-Toll system? Clearly this new category rate of R1.74c / km for the road user who chooses not to register their vehicle with SANRAL will be seen as exorbitant and a ‘bully-boy’ tactic to force people to register. One wonders on what grounds are these gross variances are justified. No doubt this is a new issue that may have to be urgently brought before the National Consumer Commissioner and will probably have implications for the engagement process that took place with the Commission last week between the DA and SANRAL.

It is also important to note that the Gazette has made no mention of the tariff exemptions for minibus taxis and commuter busses. In the absence of any details at this late stage, it must be assumed that they are in fact not exempt. The absence of clarity on the criteria for exemptions has further implications for both vulnerable groups (e.g. pensioners, mobility impaired). In addition, the tourism industry which has numerous permitted vehicles and drivers similar to minibus taxi operators, have good reason to expect that they should also qualify for exemptions.

This once again highlights the lack of transparency and insincere approach by SANRAL which may further drive a wedge between the citizens of Gauteng and the authorities on the matter of e-tolls.

Issued by: Wayne Duvenage

Chairperson- OUTA (Opposition to Urban Tolling Alliance)
Cell: 082 884 6652

Press Release: OUTA (Opposition to Urban Tolling Alliance)

15 April 2012

SANRAL INTRODUCES NEW PUNITIVE e-TOLL TARIFF
Department of Transport published the Gauteng e-Toll tariffs in the Government Gazette (#35263) on Friday 13th April and have displayed tactics to try and force the public to register their vehicles with SANRAL, by introducing a new tariff which is almost 6 times higher than the tagged user. To date, the upper limits were indicated at R0.58c per kilometre for non-tagged light vehicles and discounted rate of R0.30c for tagged users. SANRAL have now introduced a new “alternate user” category which has never been mentioned before, of R1.74c per km. This is a shocking new rate for those who do not register their vehicles on the SANRAL database, tag or no tag.

This brings a whole new dimension to the matter and begs the question, what is the difference between an e-tag and non e-tagged vehicle (ie Vehicle License Number – VLN) when registering with the SANRAL e-Toll system? Clearly this new category rate of R1.74c / km for the road user who chooses not to register their vehicle with SANRAL will be seen as exorbitant and a ‘bully-boy’ tactic to force people to register. One wonders on what grounds are these gross variances are justified. No doubt this is a new issue that may have to be urgently brought before the National Consumer Commissioner and will probably have implications for the engagement process that took place with the Commission last week between the DA and SANRAL.

It is also important to note that the Gazette has made no mention of the tariff exemptions for minibus taxis and commuter busses. In the absence of any details at this late stage, it must be assumed that they are in fact not exempt. The absence of clarity on the criteria for exemptions has further implications for both vulnerable groups (e.g. pensioners, mobility impaired). In addition, the tourism industry which has numerous permitted vehicles and drivers similar to minibus taxi operators, have good reason to expect that they should also qualify for exemptions.

This once again highlights the lack of transparency and insincere approach by SANRAL which may further drive a wedge between the citizens of Gauteng and the authorities on the matter of e-tolls.

Issued by: Wayne Duvenage

Chairperson- OUTA (Opposition to Urban Tolling Alliance)
Cell: 082 884 6652

SAVRALA has responded to Government Notice No. R.252, Gazetted on 27 March 2012, concerning:

• THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT, 1998 (ACT No.7 of 1998)
• THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED AND NATIONAL ROADS ACT REGULATIONS, 2012

Government Notice No. R.252 – Download PDF

SAVRALA Comments to Notice No. R.252 – Download PDF

The South African Vehicle Rental and Leasing Association (SAVRALA) raised an impressive R100 000 at its Annual Golf Day, held on 22 February 2012 at the beautiful Blue Valley Golf Course in Midrand. This year all proceeds from the event will be directed towards wildlife conservation, supporting heroic efforts of the SANParks Honorary Rangers as well as the award-winning Ezemvelo KZN Wildlife Organisation.

Honorary SanParks Ranger – Dave Webster

“Both the SANParks Honorary Rangers and Ezemvelo are volunteer and charity organisations that are heavily involved in preventing rhino poaching as well as all other areas of conservation. Our wildlife is a huge tourist draw card, and these organisations work tirelessly to ensure that the natural beauty of South Africa will be preserved for future generations. We are pleased to be able to give them such sizeable donations as a result of our golf day, thanks to the generosity of the players and hole sponsors on the day,” says Paul Pauwen from SAVRALA.

The day dawned hot and sunny, and players from all of the major organisations in the South African vehicle renting and leasing industry turned up for this eagerly anticipated event. Even the slight drizzle in the afternoon could not dampen the players’ enthusiasm. Guest MC and rugby legend Ian McIntosh provided entertainment throughout the day, offering a humorous peek behind the scenes of the world of rugby and cracking loads of jokes that kept everyone amused.

Congratulations to winners Team Ford, consisting of Jaco Malan, Frikkie Wentzel, Willem Hill and Paul Kruger, who took top honours on the day. Team Wesbank, made up of Gary Le Kay, Warren Peters, Gordon Dreyer and Leon du Plessis, came in second place, with third place going to Team Fleet Africa and players Hugo Lamprechts, Pieter de la Rey, Arthur Neale and Allan McCormack. 

The Winners – Ford

Vernen Pillay(SAVRALA) Jaco Malan, Frikkie Wentzel, Willem Hill, Paul Kruger, Jonathan Odes (SAVRALA)

SAVRALA would also like to thank all of the companies who sponsored holes on the day: Nissan, First Car Rental, Kia Motors, Mercedes Benz, Toyota, Hyundai, Europcar, Renault, Ford, Audi, ABSA, Volkswagen and Budget.

“We would like to express our appreciation to everyone who participated in this year’s SAVRALA Annual Golf Day and helped us to raise so much money for two very worthy causes,” says Pauwen.

“Special mention must go to Nissan, who made such an effort at their hole to raise money, eventually totaling R5000 and earning a well-deserved prize. Thank you also to Volkswagen, who raised R2000, Renault who brought in R1000 and all of the other hole sponsors for making the day such a resounding success. We look forward to next year being even better,” Pauwen concludes.

The South African Vehicle Rental and Leasing Association (SAVRALA) raised an impressive R100 000 at its Annual Golf Day, held on 22 February 2012 at the beautiful Blue Valley Golf Course in Midrand. This year all proceeds from the event will be directed towards wildlife conservation, supporting heroic efforts of the SANParks Honorary Rangers as well as the award-winning Ezemvelo KZN Wildlife Organisation.

Honorary SanParks Ranger – Dave Webster

“Both the SANParks Honorary Rangers and Ezemvelo are volunteer and charity organisations that are heavily involved in preventing rhino poaching as well as all other areas of conservation. Our wildlife is a huge tourist draw card, and these organisations work tirelessly to ensure that the natural beauty of South Africa will be preserved for future generations. We are pleased to be able to give them such sizeable donations as a result of our golf day, thanks to the generosity of the players and hole sponsors on the day,” says Paul Pauwen from SAVRALA.

The day dawned hot and sunny, and players from all of the major organisations in the South African vehicle renting and leasing industry turned up for this eagerly anticipated event. Even the slight drizzle in the afternoon could not dampen the players’ enthusiasm. Guest MC and rugby legend Ian McIntosh provided entertainment throughout the day, offering a humorous peek behind the scenes of the world of rugby and cracking loads of jokes that kept everyone amused.

Congratulations to winners Team Ford, consisting of Jaco Malan, Frikkie Wentzel, Willem Hill and Paul Kruger, who took top honours on the day. Team Wesbank, made up of Gary Le Kay, Warren Peters, Gordon Dreyer and Leon du Plessis, came in second place, with third place going to Team Fleet Africa and players Hugo Lamprechts, Pieter de la Rey, Arthur Neale and Allan McCormack. 

The Winners – Ford

SAVRALA would also like to thank all of the companies who sponsored holes on the day: Nissan, First Car Rental, Kia Motors, Mercedes Benz, Toyota, Hyundai, Europcar, Renault, Ford, Audi, ABSA, Volkswagen and Budget.

“We would like to express our appreciation to everyone who participated in this year’s SAVRALA Annual Golf Day and helped us to raise so much money for two very worthy causes,” says Pauwen.

“Special mention must go to Nissan, who made such an effort at their hole to raise money, eventually totaling R5000 and earning a well-deserved prize. Thank you also to Volkswagen, who raised R2000, Renault who brought in R1000 and all of the other hole sponsors for making the day such a resounding success. We look forward to next year being even better,” Pauwen concludes.