Sanral's threatening SMSs contravenes Debt Collection Act.

OUTA has received numerous complaints from the public about a new round of threatening
messages which reads: We have noted your refusal to pay your outstanding e-toll balance.
Your vehicle details are being submitted for listing, and legal action will commence with
costs incurred. Call 087 353 1490 Ref . These messages are linked to the non-payment
of e-tolls and steers the receiver to a Cape Town based 'Sanral Violations Centre'.

After receiving whistle blower information and doing an investigation, OUTA has determined
that the number on SANRALs "less60" website, along with the number appearing on the
intimidating SMSs, are being rerouted to a to a private debt collection agency ITC Business
Administrators, whose employees appear to have been instructed to misrepresent the
nature of their employment.

It is our understanding that these messages and this action on behalf of ITC Business
Administrators are illegal in that:-

1.

The call centre agent taking the calls at the number listed (087 353 1490)
indicated that they are employed by SANRAL, when in actual fact, they are
employed by ITC Business Administrators, who are a private registered debt
collection agent acting on behalf of SANRAL. OUTA then determined that each
agent questioned is actually registered as a debt collector employed by debt
collection agency ITC Business Administrators (Pty) Ltd. Furthermore, the calls
are all answered as Sanral Violations Centre, which strictly speaking they
arent.

2.

What makes matters worse, is that these SMS messages contain a direct threat
of definite ("will") legal action.

Both of the above actions are in contravention of rule 5.3(b) of the Debt Collectors Code of
Conduct, which reads: 'In collecting or attempting to collect a claim a debt collector shall
not: misrepresent the true nature of his or her business, or threaten to institute legal
proceedings, whether civil or criminal, if there is no intention to carry out such a threat'.
Unless Sanral are prepared to follow through with this threat, they may not send these
messages. says Ivan Herselman, the Director of Legal Affairs at OUTA. "Furthermore, the
Minister of Transport is on record in July 2014, saying that criminal action cannot proceed
against e-toll defaulters. In addition, the regulatory environment is not in place to enable or

enforce non-payment of e-tolls through legal action. This is gross misconduct as per the
Debt Collection Act and its regulations."

It is OUTA's opinion that the public need not fear these intimidating messages, as it believes
there is no legal basis for enforcing the debt, which is why OUTA launched its e-Toll Denece
Umbrella to protect its contributing members from legal action linked to non-payment of eTolls.

OUTA also intends to take action to combat the harassment and intimidation by SANRAL's
collection agents and in order to do so, OUTA encourages the the public to visit its web site
at www.OUTA.co.za, where they can register their dissent to this harassment. This will
enable OUTA to commence with a mass-action campaign to put a halt to SANRAL's
intimidating messages.