Gauteng set to finally end e-tolls but overdue fees remain on the table

On Wednesday, transport minister Sindisiwe Chikunga, Gauteng Premier Panyaza Lesufi and Sanral CEO Reginald Demana briefed the media on the practical implications of the scrapping of e-tolls

Although e-tolls will be shut down permanently, motorists will still be liable to pay their debts up until midnight on 11 April, 2024. The National Government is however yet to figure out how it will enforce this.

This comes against the backdrop of the Gauteng provincial government’s scramble to find more than R12-billion which is 30% of Sanral’s current debt and the required annual R3-billion to maintain the 201 km infrastructure in light of the province’s already stretched purse.

One of the most pressing issues was whether motorists would be let off the hook following the decision. Chikunga, however, said this would not be the case — at least according to the law.

“In terms of the law, the motorists are still obligated to pay. It’s an obligation in terms of the law — on how we’ll enforce or not enforce that, we have not discussed.

“We’ll be attending to that as time goes on. But otherwise, in terms of the existing law it is an obligation that those who use the road up until tomorrow, they will have to pay. But of course, if there are challenges, that’s a matter that we'll be looking into.”

E-toll roads in Gauteng make up 1% of Sanral’s national network. The Gauteng road network is in desperate need of restoration, which will be costly. According to Sanral, 85% of Gauteng’s roads are beyond their design life cycle and need significant maintenance investment.

Read more in Daily Maverick: Government officially scraps disastrous e-toll system

Airing his views on motorists’ outstanding debt, Panyaza said it had been a complex issue that he would not preempt until the necessary consultations had taken place.

“The basis of the disputes on e-tolls was a lack of consultation. Therefore the payment or enforcement of debt, we must subject it to consultation, so people can’t say we are taking a decision without consulting,” he said.

“So we will consult; there’s a technical team we will establish. It’s not an easy thing. There’s the element of SARS. There are people who have paid tax on this; there are people who have hired cars who have paid e-tolls. Cars have changed from one person to another…”

The disastrous system faced pushback from the business community, motorists and trade unions and also gave rise to the launch of civil society organisation Opposition to Urban Tolling Alliance (Outa) in 2012, which legally challenged the scheme.

Outa CEO Wayne Duvenage said the government’s decision that motorists must still pay had been an empty statement, raising concern about how this would be enforced. “How are they going to extract the billions of rands from the individuals and businesses that haven’t paid? It’s very all well and good for them to say, No, you must still pay, but the people haven’t paid for a reason. So that’s a hollow statement. It’s just an empty statement,” he said

The minister revealed that the e-toll roads would remain national roads and would continue to be under the control of Sanral. The Gauteng government however had agreed to handle the maintenance of the roads in preparation for further phases of the Gauteng Freeway Improvement Project.

Read more in Daily Maverick: End of e-tolls creates a funding headache for Gauteng roads

In February 2024, at the annual budget for Gauteng’s sixth administration, Finance MEC Jacob Mamabolo said the Gauteng government had approached financial institutions to raise money to settle 30% of Sanral’s R43-billion total debt.

It remains unclear whether the Gauteng government will be able to secure the funds it requires to pay for 30% of Sanral’s debt and the required annual R3-billion. Lesufi confirmed engagements had been taking place with financial institutions.

Read more in Daily Maverick: Inside the Gauteng government’s scramble to end the e-toll system

Meanwhile, Chikunga faced tough questions from the media, including government’s failure to adequately consult. When asked if she was of the view that government owed South Africans an apology,Chikunga responded:

“I think for the mere fact that today we are here making this history closing the gantries, stopping the e-tolls. It actually means that we not only are saying sorry to the people of South Africa but we’re saying we have heard you the people of Gauteng and we are actioning what we heard from yourselves…”

Among the most pressing questions that lingered in the minds of many following the official announcement to do away with e-tolls was what would happen to the gantries. Lesufi’s office repeatedly insisted that they will be used as a crime-fighting tool.

On Wednesday, Lesufi insisted this would still be the case. However, it appeared that plans were yet to be fine-tuned as Lesufi revealed that necessary technical teams were still being put in place.

“We’re on a mission in this province to fight crime. And these cameras are crucial in fighting crime including tracking missing cars or tracking lost goods or tracking missing individuals that are kidnapped and many other things. So we have a huge interest in ensuring that those particular cameras are connected to a provincial command centre.”

Sanral added it would continue to roll out invoices until 11 April, 23:59:59 and road users would be obligated to pay until this period. “Due to potential delays with the postal system, invoices till the closure will be received some time after the 12th of April 2024.” DM