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Opinion: The slow erosion of the rule of law

On September 10 the first e-toll evader was convicted in the Pretoria Magistrate’s Court.

Biochemist Dr Stoyen Stoychev was convicted of fraud (the falsification of number plates) and evading e-tolls – cited as a contravention of Section 27 of the SANRAL Act. It is important to note that there were two sentences handed down by the court – one for fraud and the other for non-payment of e-tolls.

For non-payment of e-tolls, Stoychev was sentenced to a R20 000 fine or six months imprisonment and ordered to pay all his toll bills (of more than R14 000). For the fraud charge, he got 100 hours of community service, a 12-month jail term suspended for five years on condition that he is not caught committing fraud again, and another R20 000 fine or six months imprisonment.

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Stoychev pleaded guilty to one charge of fraud and 987 counts of evading the payment of e-tolls. He was arrested on the 2nd of October 2014 after it was found that he had been driving on Gauteng’s tolled highways with fraudulent number plates on his white Hyundai over the preceding seven months.
Pretoria’s Chief Magistrate, Desmond Nair presided over the matter, ruled that failure to pay e-toll fees was not only a crime but that SANRAL was affected because “as a direct consequence of his (Stoychev’s) actions, the agency suffered prejudice”.

“Mr Stoychev carefully planned these crimes. The crime of fraud, in particular, required presence of mind. He removed the license numbers, changed registration plates, used that vehicle to avoid detection. So, what visits my mind is that an individual – highly intelligent as he is, holding a doctorate – resorts to that level of criminality to avoid detection, makes this a very serious offence.”

This case was brought to a court of law after following the due process, which involved the South African Police investigating the matter and the National Prosecuting Authority appointing a senior advocate to prosecute.

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Advocate David Broughton noted during the trial of Dr Stoychev:

“We must also be wary of not seeing the proverbial wood for the trees. Whatever our personal views on the e-toll system, the fact remains that it has been legislated. The plain fact is: whether we like it or not, the law requires us to pay if we use the roads that are subject to the e-toll system.”

Now, there are some who argue that e-tolling is illegal, but they have never sought to test this assertion with our courts – which are duly empowered to pronounce on the legality or otherwise of our laws.

Advocate Broughton reminded the court that we live in a constitutional democracy. One of the founding provisions of our Constitution is that South Africa is a democratic state founded on various fundamental values, including the ‘supremacy of the constitution and the rule of law’.

Adv Broughton stressed the latter during his address on sentence when he argued against those who select which rule of the law to follow:

“It is a notorious fact that some within our society have vociferously in the public domain urged the public to refuse to comply with the legislation pertaining to the e-toll system. This is a clear incitement to commit a crime and is intended to render the e-toll system unworkable.”

This matter is a clear indication that we live in a constitutional democracy and that if citizens do not follow the rule of law they will face legal consequences. Critically, there has to be an appreciation that the rule of law requires of government and its agents as well as individual citizens and private entities to be accountable under law.

At the heart of the rule of law as a basic tenet of democracy is the idea that free people are ruled by law and not by the arbitrary views or powers of man. The day the rule of law is made an option rather a societal obligation, the day its erosion will begin. Unfortunately, to reverse that erosion is more difficult than the relative ease with which the rule of law can be undermined.

In our reaction to the Stoychev judgment, our actions and pronouncements can and should be evaluated to determine whether they advance the rule of law or do not.

Getting To Know Thaba Nchu

Travelling between Bloemfontein and Thaba Nchu will become easier and more pleasant. This stretch of the N8 is being substantially upgraded.

The contract value is some R920 million and work is scheduled to be completed in January 2017.
The main challenges faced on site in relation to both tenders has been gaining access to land adjacent to the existing road reserve, which was required to expand the road footprint and finding suitable material for construction.

 

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Jason Lowe, Project Manager at SANRAL Eastern Region, said the rehabilitation and upgrading would result in a road of a higher standard, both in terms of alignment and capacity.

He said the two N8 projects would also set in motion the wheels of transformation, job creation and economic inclusion.

“As far as possible, we always ensure that communities, where we operate, are empowered through local job creation. This gives them ownership and a sense of pride to be associated with a particular project.

Also, the local skills enhancement through on the job training as well as formal training received from the service providers will stay with them for the rest of their lives.

The small businesses that were contracted will also be able to raise their profiles having worked on this project.”

 

A Bus Station Like No Other

SANRAL’s creative design approach of bus stations for the Tshwane Rapid Transit (TRT) programme has helped to blend functionality with the rich architectural heritage in the capital city.

Historically important buildings that connect the early days of Pretoria with the vibrant struggle period of the 1950s and 1960s have been used as inspiration in the design of modern bus stations that will facilitate the movement of passengers into the urban core.

The A Re Yeng bus rapid transit system project was started by the City of Tshwane in 2008. SANRAL was appointed to manage the implementation of a project that involves the phased construction of more than 80km of bus lanes and some 50 TRT stations.

In terms of an amended agreement, SANRAL remained responsible for the design and construction of the bus stations along the 1A and 2A lines that connect the inner city with Mamelodi through the eastern suburbs of Tshwane and Soshanguve, explains the Project Manager, Hannes van der Merwe.

A competition for the design of the bus stations along the route was held and the City eventually approved the proposals submitted by two prominent firms of architects, Mashabane Rose and Mathews & Associates. The two selected station types are the Retro Tram concept and the
“Memory Box” concept.

At least two of the stations on the 1A line are situated close to important heritage buildings, Church Square with its many structures dating back to the last decade of the 19th Century and the Old Synagogue on Paul Kruger Street.

This building was constructed with donations from a prominent businessman at the time, Sammy Marks, and completed in 1902. The building, however, soon proved to be too small and the congregation later moved to a new synagogue in the City.

Later plans to develop a new Supreme Court at the site, just to the north of Church Square, did not come to fruition but the Old Synagogue was used as the venue for security- related trials during the apartheid years.

The founding father of South African democracy, former President Nelson Mandela, appeared in the makeshift dock at the Synagogue on three occasions. In the first, so-called Treason Trial, he was acquitted together with 156 other struggle stalwarts such as Walter Sisulu, Oliver Tambo and Ahmed Kathrada.

Later he was tried on two more occasions at the Old Synagogue, including during the well-known Rivonia Trial which led to his 27 years of incarceration, including a lengthy period on Robben Island.

The Old Synagogue was last used as a functional building for the inquest into the death of Black Consciousness leader, Steve Biko in 1977. Since then it was turned into a storage facility, and, eventually closed down. Today this historical treasure is shuttered, surrounded by high wire fences and slowly falling into disrepair.

Architect Pieter Mathews says the intention with the design of the bus station in front of the Old Synagogue was to reflect the historical and architectural significance of the building and its environment.

The Old Synagogue is one of the few remaining buildings in South Africa with a Byzantine fac?ade and its characteristic onion domes are indicative of a strong Eastern European influence among the Jewish community at the time.

The “Memory Box” concept is being used at all the stations designed by Mathews & Associates and at the Old Synagogue this was further adapted to blend in with the historical significance of the inner-city precinct. The lines of the exterior design are simple and clean and the scale is lowered so as not to compete with buildings such as the Old Synagogue and the nearby Ou Raadsaal and Palace of Justice.

The glass exterior complements the historical significance of the environment because it reflects the image of the Old Synagogue back to the viewer while simultaneously creating an open and inviting environment for the commuters who will travel on A Re Yeng buses on a daily basis.

This experience is repeated on the inside where the wavy design of the ceiling points commuters towards the travel experience, serving as a shelter and ticketing centre. Hanging wooden panels create the impression of flow to create a tranquil space for commuters within the bustling urban traffic environment.

Van der Merwe says a distinguishing feature of the new stations is the location of vertical art works that represent the culture and history of the immediate environment. Pieter Mathews is also the curator of the artworks that will be placed at 50 stations along the two main TRT corridors.

At the Old Synagogue station – named after struggle activist, Molefe Makinta – an art work done by internationally acclaimed visual artist, Marco Cianfanelli, will be erected. He was also responsible for a sculpture of Nelson Mandela erected at the site in KwaZulu-Natal where he was captured in 1962 prior to his trial at the Old Synagogue.

Off The Beaten Track – Gauteng

Driving through South Africa’s smallest province, Gauteng, is easy because of the quality of the roads. There is much to do, and the offering covers a wide spectrum, making it difficult to decide what to include in a visit.

It is highly urbanised and produces more than a quarter of the county’s gross domestic product and is one of the biggest economies in the whole of Africa. It contains the country’s largest city, Johannesburg, and its administrative capital, Pretoria, with a number of large industrial areas.

Gauteng’s estimated population in 2015 is 13.2 million making it the densest region in the country, almost as dense as the number and kinds of tourist attractions – national monuments depicting the past and the present, cultural villages, game parks, ultra-modern shopping centres. There is so much, that finding a single place to visit is difficult,  some of the top places are thus grouped together below.
Right at the top is a local and international favourite – the Cradle of Humankind.

1. The Cradle of Humankind.

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It gives us a window into mankind’s past when our earliest ancestors were evolving. The site is made up of a strip of a dozen dolomitic limestone caves containing the fossilised remains of ancient forms of animals, and very important, hominids -of which some 900 examples have been found.

The most recent find is that of Homo Naledi, which was an international sensation. It seemingly is a new species and a human relative.

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Nearby is Johannesburg where one can achieve a lot in little time – visiting the iconic Constitution Hill, which houses one the most important institutions in the country, the Constitutional Court. Its symbolism is important – it is situated in the Old Fort where political prisoners were kept.

3. Newtown & Maboneng
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From there one crosses the visually appealing Mandela Bridge to get to Newtown which is an important part of the city’s inner-renewal project with the Market Theatre, Kippies jazz club, restaurants and so much more. Nearby is Maboneng, a pioneering example of how an urban way of life can be defined – the development of an integrated, mixed-use community where people play, live and work.

4. Soweto
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The next set of sites is in Soweto, heart of the struggle against apartheid. But on one’s way there, a visit to the apartheid museum situated next to Gold Reef City will give one a window into apartheid and the 20th-century history of South Africa.

In Soweto, go to the Hector Pieterson Memorial Site which commemorates the student uprisings of 1976 during which he, only a schoolboy aged about 13, was shot.

Nearby is Vilakazi Street – well worth visiting as it houses the homes of two Nobel Peace prize winners – Nelson Mandela and Desmond Tutu.

5. Freedom Park & Voortrekker Monument
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Then on to Pretoria, to see the Voortrekker Monument, which captures the history of the migration of Afrikaners from the Cape to the northern parts of the country. Right opposite is Freedom Park, which focuses more on the recent history of the struggle against apartheid.

For something different, go to the nearby Willem Pretorius Agricultural Museum which preserves the country’s agricultural history through its development from Stone Age until just after the Second World War.

Gauteng- so much to do, so little time in which to do it.

Closer Together

Citrusdal and Cederberg in the Western Cape are now closer together, or, at least, travelling time between them has been reduced. And travel will be safer as a result of SANRAL investing R450 million in improvements on the linking road.

Derek Wilson, who is overseeing the project, says the section between the two towns carries more than 3,000 vehicles per day of which 20% are heavy vehicles transporting goods between South Africa and Namibia.

“The improvement of this part of the N7, which was originally constructed around 1957, was long overdue because of the increased volume of traffic and poor condition of the road surface.”

The scope of the work includes widening the road from 7.4 metres to 12.4 metres and the provision of climbing lanes at various points along this very hilly route to provide safe passing opportunities on steep sections.

“During construction in 2013, we experienced some abnormal weather conditions which caused cracks developing in the cuttings which then resulted in the cutting to slip. A small portion of the road has been realigned away from the cuttings, which resulted in the construction of a retaining wall.”

Wilson says another challenge for the contractors and SANRAL is to adhere to all environmental laws and regulations. For instance, they needed to identify and protect all endangered plant species along the route.

The contractor must also adhere to all environmental regulations regarding fuel and bitumen spills on the construction sites and do clean-ups where necessary.

The road construction has had a positive impact on the communities along the N7.

Skills transfers to sub-contractors is an important part of the investment in the development of SMMEs. Formal courses presented to the SMMEs included tendering and pricing. Also employed and trained were tradesmen from local towns such as carpenters, truck drivers and machine operators.

Shops in surrounding towns such as Citrusdal also benefitted from the construction as they got increased business from contractors and sub-contractors on the improvement project.

Connecting Two Communities – The Pacaltsdorp Story

Connecting two communities, increasing pedestrian safety, building the local economy, making travel easier for tourists. These are the benefits of the upgrading of the Pacaltsdorp Interchange.

This comprises the widening of the existing interchange bridge and the two-lane York and Beach Roads to convert it into a dual carriageway four-lane road with turning lanes at both ramp terminals at the interchange, the construction of sidewalks and a traffic median island, rehabilitation of existing asphalt surfacing and relocation of traffic signals, provision of street lighting and replacement of road markings and road signs.

“With the approaching holidays, when many South Africans will be travelling, the direct user benefits of this necessary upgrade are reduced travel times and fuel consumption, increased reliability, and increased safety for motorists.

SANRAL, in partnership with the provincial government and George Municipality, have uplifted the community, not only creating on-site work opportunities amongst SMMEs but also providing greater security and safety for residents in the area.

The pedestrian bridge connects the new residential area south of the N2 which with the George industrial/ commercial area on the northern side of the N2 greatly improves safe access to work opportunities.”

One of the major benefits of the new pedestrian bridge is that it provides a safe point for pedestrians to cross the N2. Residents of Pacaltsdorp also won’t need to pay for transport to get them to work – they can now safely cross the N2.

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A new paved walkway with lighting is provided on each approach to the pedestrian bridge for approximately 1,500m along the N2. Lynn Jansen, a resident of Pacaltsdorp, said she and the community are excited about the new pedestrian bridge.

“It is great to have a safe way to cross the N2.”

Alister Twigg added that the pedestrian bridge now links Pacaltsdorp with the industrial area on the other side of the N2 where they work.

“It is a very, very good thing.”

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Local labour was used and training was provided in steel fixing, scaffolding, application of basic concrete skills, laying of kerbs and channels and flagmen skills. Non-accredited training in the application of cable stressing was given to five workers by the company which undertook the stressing of the bridge deck.

Supervisory training was given to one subcontractor and three workers of the main contractor. A young engineer-in-training seconded to the site by George Municipality, attended a bridge structures course in Cape Town.

Asphalt Is The Way to Go!

Pietermaritzburg-based project engineer-in-training, Sasheen Rajkumar, is paving the road to success after winning the award for the best paper presented by a young professional at the 11th Conference on Asphalt Pavements for Southern Africa (CAPSA 2015) held at Sun City recently.

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Rajkumar, 25, is employed at SANRAL’s Eastern Region and is studying for a Master of Science degree, part-time, through the University of KwaZulu-Natal (UKZN).

The CAPSA 2015 conference hosted by the Southern African Bitumen Association (Sabita) focused on, among other matters, optimising structural design in new construction and rehabilitation; the design of asphalt layers and spray seals to ensure efficient application and adequate performance; and construction, practice and materials assessment for a high level of efficiency.

Rajkumar, who always enjoyed mathematics and science at Raisethorpe Secondary School, studied civil engineering at UKZN, thanks to a SANRAL bursary, and graduated with a BSc in Engineering in 2012.
In 2013, he registered as a full-time post-graduate student for the MSc in Engineering with a bursary from SANRAL.

He approached SANRAL’s Eastern Region office and asked if there was a potential topic in pavement materials that the agency would like to be researched. The materials specialist, Dennis Rossmann pointed him towards the “green” roads that were being built by recycling the old milled asphalt pavement.

“I had spent a year at university gathering technical literature on the procedures of recycling reclaimed asphalt (RA) and compared international practice with local methods.

At the time, SANRAL had allowed up to 25% of RA to be used as a material component with new materials (new aggregate and bitumen) in hot mix asphalt.

The incorporation of RA into a new mix results in a reduction of new materials – which in turn means cost savings as well as a benefit to the environment.

I conducted lab experiments that simulated mixing at the hot mix asphalt plant using high proportions of RA mixed with new materials.

I found that with up to 40% RA, all of the RA bitumen blended with the new bitumen, whereas, at 60% RA, only some of the RA and new bitumen blended.

I compiled a technical paper of my findings and submitted this to for CAPSA 2015.”

Rajkumar said he was grateful to SANRAL for all the opportunities he had been afforded and to all those people who had imparted valuable knowledge to him.

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He is currently busy completing his Master’s thesis which is going to be an extension of the CAPSA paper.

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Tolls are an old way – an 18th Century Tale

The history of tolling in South Africa goes back a long way – as far back as the 18th century – and even then, the funds raised in this manner were used to build, repair and maintain roads – of which there were not too many during the early colonisation of the Cape by the Dutch.

Then, as now, the concept of tolling was not universally popular, often because the populace simply did not and does not understand why such a funding route has to be taken. But communication on tolling in South Africa has improved significantly in the recent past, as was acknowledged in Parliament.

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Different from the approach in many other countries where private initiative stepped into the breach, tolls were erected by the government – initially by the governor of the Cape and much later in the 19th century in the then Natal and Free State.

The best known of the tolls were in the old Transvaal in the 1890s. Its origins were partly due to an attempt to control the trade traffic coming in from Natal and the Cape and to use the income to improve the rather rudimentary roads and bridges in the then independent Transvaal.

But it had a chequered history. There was so much opposition – from the colonial governments, local traders and ordinary people – that the first tolls only lasted from November 1891 to August 1892.

Tolling commenced again at the end of October 1894 but was finally scrapped in December 1896.
The first modern toll was established in the Tsitsikamma between the Crags and Storms River in 1983.

Construction of the road had started in 1980, funded by the then National Road Fund (NRF) but because of the latter’s financial difficulties, experienced from the late 70s, it was decided to charge a toll for the use of the road in order to raise revenue to repay the NRF.

In the 21st century, tolls came into much wider use – not only on national roads but also at Chapmans Peak in Cape Town and the Huguenot Tunnel on the N1 northwards of the Mother City.

Tolls are now mostly on national roads, constituting just over 14 percent of the network. Road users typically get to a toll plaza, stop and pay using cash or a credit card. This is the manual way of paying tolls and is the case with everything manual, it can be time-consuming. There is another more modern and efficient method called e-tolling. With this method, the road user does not stop at a toll point but travels at normal highway speed and the transaction takes place electronically. That is the method that operates in Gauteng.

Tolls accelerate the availability of funding because capital can be accessed from the markets instead of waiting for public coffers to get filled first, which can be a long process in itself. Also, there is no guarantee that once the money is available in the fiscus it will necessarily be used for roads.

There could be other priorities. Thus, tolling makes it possible for roads to be available sooner and means that repairs and maintenance on these roads will be funded by the tolls.

As the pressure on the national budget to increase social spending grows, so will tolls as a funding model also have to grow.

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Hopes for a Safer ???Festive Season

The festive season is generally a happy time, but it comes with its own challenges, as holidaymakers hit the road and unusually high traffic volumes are experienced around the country. Nonetheless, our mandate as SANRAL is to ensure that our roads are always ready to accommodate this kind of traffic and ensure that motorists and other road users have a pleasant experience. We do this by ensuring that our roads are built and maintained to world-class standards.

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However, road users also have a huge responsibility to work with SANRAL and other agencies to ensure their own safety while travelling. Road safety is a collective responsibility – not only the job of law enforcement officials or engineers. Roads are shared spaces for those in cars and trucks as well as pedestrians and cyclists.

Speaking at the recent annual Road Safety Summit in Cape Town, Transport Minister Dipuo Peters pointed out that South Africa, with about 32 deaths per 100 000 population per year, features high on the list of countries in terms of road traffic-related deaths.

“We must intensify our collective efforts to make our roads safer.”

All road users must note that the following actions have been found to be among the most common causes of crashes:

– Speeds that are too high for particular conditions, such as inclement weather and darkness;

– Dangerous, reckless and/or inconsiderate driving, particularly barrier line infringements;

– Abuse of alcohol by drivers and pedestrians;

– Fatigue, particularly for the drivers of public transport;

– Unroadworthy vehicles, worn or damaged tyres and defective brakes; and

– Pedestrian negligence such as jaywalking, crossing over freeways, a lack of visibility at night and negotiating roads and verges after drinking.

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SANRAL will continue to contribute towards road safety by ensuring that all the roads under its control are safe and reliable. We do this through a number of road network modernisation projects that we have planned throughout South Africa. This, together with community education, awareness campaigns, changed behaviour by road users and road safety infrastructure projects, will go a long way towards ensuring that our roads are among the safest in the world.

SANRAL achieves major milestone

SANRAL reached a major milestone when it switched on the automated payment option at its toll plazas on the following routes:

N1 from Pretoria to Musina
N1 between Bloemfontein and Johannesburg
R30 Brandfort
N17 between Johannesburg and Ermelo
N2 South Coast route
N3 Mariannhill.

In addition, the N3 Toll Concession (N3TC) also switched on automated payment on the N3 from Heidelberg to Cedara.

At midnight on 4 December the automated pay system on these existing toll roads became operational. Road users with electronic tags no longer have to stop to pay tolls manually with cash or credit cards.

“We have become one of very few countries in the world with a fully interoperable electronic toll collection system with central transaction clearing, says Vusi Mona, communications manager of SANRAL.

Moreover, it is a choice. Those who use our toll road network will experience the convenience of electronic payment in time for the festive season and this is a help to speed up traffic flows at toll plazas.

Automated payment is done automatically through a tag fitted to the vehicle to identify the account holder, debit their toll account with the appropriate toll fees and automatically open the toll boom – without the need to stop and pay manually. This automated option will not incur any additional costs to the road user.”

SANRAL has thereby responded to its customers’ needs – a survey done during August and September this year showed beyond doubt that 70% of customers want to make use of tag technology for improved convenience at toll plazas.

“We continuously strive to make improvements in the way that we manage our road network and make driving on our roads as safe and easy as we can achieve through engineering and world-class technology. Automated payment is one such a way.

Moreover, it is in line with our Government’s commitment to improve road infrastructure that underpins the competitiveness of the South African economy.”