Roads agency Sanral and the department of justice were discussing the possibility of establishing special courts where e-toll non-payers could be prosecuted, it was reported on Monday.
Justice department spokesman Mthunzi Mhaga reportedly said Sanral had asked for such a court. “We are still talking about what would be the best method,” he told Beeld.
The National Prosecuting Authority (NPA) and the department of justice said they “could not speculate” on whether the country’s legal system would be able to cope.
Bulewa Makeke, the NPA’s head of communications, said it was the NPA’s responsibility to allow courts to apply laws that had been accepted.
Sanral and former transport minister Ben Martins had earlier acknowledged that the controversial AARTO Act would not be used to prosecute e-toll non-payers, but rather the Criminal Procedure Act.
Motorists would receive fines by registered mail that could lead to a court summons.
According to the Opposition to Urban Tolling Alliance’s court documents, this could be about 2,1m summonses.
Sanral spokesman Vusi Mona said motorists who did not pay their toll fees would be charged under the Sanral Act.
If the first debt collection process fails, a final notice will be sent and the matter will be handed over to the prosecuting authority.
It would be done electronically, he said. — Sapa