Free lawyer for first e-toll case!

LazyLion

LazyLion

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Legal firm Findlay & Niemeyer Inc has offered to defend the first non-compliant e-toll road user as a test case, it said on Monday.

The offer followed the SA National Road Agency Ltd's (Sanral) warning to motorists to pay within seven days of receiving e-toll bills or be handed over to debt collectors, the firm's senior partner John Price said in a statement.

"In defending the test case, we will act on a contingency basis in the sense that we will charge no fees to the client and call for no deposit," he said.

"The prospective test case client, and the basis of his or her complaint, would need to be carefully selected to ensure that the real toll road issues are put cogently before the court."

Transport Minister Dipuo Peters announced on Wednesday that e-tolling on Gauteng's highways would begin on December 3.

On Sunday, Sanral chief executive Nazir Alli said if debt collection failed the Criminal Procedure Act would come into effect and motorists would receive summons to that effect.


Source : Sapa /gq/hdw/ks/jk
Date : 25 Nov 2013 12:13
 
Brilliant! Exactly the kind of thing I was hoping will happen.
Good to see people standing together on this.

Hier kom groot ***.
 
I think that if every law firm offered to take just one E-Toll client on a pro-bono basis, that would probably be the death of e-tolls... Here is to hoping that more firms follow suit...
 
Law firm's offer borders on incitement: Report

An offer by legal firm Findlay & Niemeyer Inc to defend the first non-compliant e-toll road user borders on incitement, Sake24 reported on Tuesday.

This is according to Patrick Bracher, a director at the legal firm Norton Rose Fulbright.

He said the offer amounted to incitement to commit a crime and the Constitutional Court had already dealt with the question of the fairness of e-tolls in Gauteng.

"Somebody could be motivated by this to break a law while being under the impression that it is not a valid law," said Bracher.

Findlay & Niemeyer Inc made the offer on Tuesday after the SA National Roads Agency Ltd's (Sanral) warning to motorists to pay within seven days of receiving e-toll bills or be handed over to debt collectors.

"In defending the test case, we will act on a contingency basis in the sense that we will charge no fees to the client and call for no deposit," the firm's senior partner John Price said in a statement.

"The prospective test case client, and the basis of his or her complaint, would need to be carefully selected to ensure that the real toll road issues are put cogently before the court."

Business Day newspaper reported on Tuesday that the Opposition to Urban Tolling Alliance (Outa) was working with Findlay & Niemeyer.

Transport Minister Dipuo Peters announced on Wednesday that e-tolling on Gauteng's highways would begin on December 3.

On Sunday, Sanral chief executive Nazir Alli said if debt collection failed the Criminal Procedure Act would come into effect and motorists would receive summons to that effect.


Source : Sapa /fg/jje/jk
Date : 26 Nov 2013 09:09
 
It is legal opinion. Which tend to be grey, never black and white. (Ask House and Paul Hjul) ;)

There is validity in the article. The battle should be carefully chosen. If the first case doesn't test the new law, then it won't be worthwhile.
 
Patrick Bracher, a director at the legal firm Norton Rose Fulbright.

He said the offer amounted to incitement to commit a crime
Click to expand...

Patrick Bracher talks crap. There is no incitement to commit any crime. Driving under a gantry is not a crime. Invoices getting lost in the post is not a crime (okay, there are postal workers involved so it probably is). Disputing a fee on an invoice is not a crime.
 
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