Withholding motor licences due to outstanding e-toll debt is illegal and unconstitutional
21 May 2015
Coercive measures regarding the payment of e-toll fees, such as withholding of motor licences of non-payers, is illegal and unconstitutional and is nothing other than administrative blackmail,” Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on Transport says.
Adv. Anton Alberts says that legal opinions which he has obtained indicate that the refusal of issuing licences would be contrary to administrative law of South Africa.
He said the principle of a unilateral punishment, such as withholding a licence without giving a person who is harmed by this action the opportunity to react and putting his side of the case, is in direct contravention of administrative law.
“It boils down to contravening the Consumer Protection Act if something, such as a licence in this case, is withheld due to the non-payment of an unrelated debt.