Deputy Speaker, Deputy President, the ACDP is on record as opposing the e-tolling system in Gauteng. Our argument lies with the exorbitant cost of the collection, albeit that the funding model is not part of the Bill before us.
We are also concerned that the e-tolling is sought to be rolled out to other provinces; there is significant reference in the Bill to that. However, we are fully aware that this matter is still the subject of litigation and that leave to appeal has been granted to the Outa consortium. It is thus possible that an appeal court may overturn the whole concept of e-tolling. However, in the interim, it has been deemed necessary by government to pass this Bill.
We, as the ACDP, also appreciate the financial implications for Sanral, which have been pointed out in the finance committee and, more particularly, its ability to repay its debt, which is partially guaranteed by government. That is a significant aspect. However, surely these consequences should have been properly considered by government way before this ambitious project was embarked upon.
Now, as a long-standing member of the Justice committee, and with the Minister of Justice and Constitutional Development sitting here, I am sure he'll agree with me that we are painfully aware of the workload that the criminal justice sector is straining under at the moment. How will it be able to deal with tens, possibly hundreds of thousands, of further summonses that would be issued for the nonpayment of tolls? Surely this would cause our criminal justice sector to collapse. And, surely, it is also inherently wrong to make criminals of citizens who refuse to pay tolls after already paying for most of the costs of the construction of those roads. This is an issue we seriously need to consider. Surely the funding of the construction and maintenance of roads through a fuel levy would be more efficient because collection would be less complicated and less costly, and we are not persuaded by the arguments to the contrary.
As far as those specific clauses in the Bill are concerned, yes, we did not participate in the discussions; however, we note that the Bill has been substantially improved since the version was tabled. We particularly welcome the amendment requiring socioeconomic and traffic impact assessments pertaining to any proposed toll road. This includes the impact on alternative roads, and this is a major concern of the Gauteng e-tolling system. Regrettably, however, this will not apply to the present Gauteng e- tolling system as the Minister has already made a declaration in that regard.
Lastly, the ACDP also feels uncomfortable with leaving the offences and penalties applicable to regulations. Surely it is not sufficient that these regulations are merely referred to Parliament for comment and not approval. The question can rightfully be asked whether Parliament is not abrogating its law-making function to the executive in this manner. E-tolling was never intended for urban roads and most definitely not at this exorbitant cost, with most of the funds going to an Austrian consortium. The ACDP will not adopt this Bill. Thank you. [Applause.]