E-tolls test case legal battle begins

The Organisation for Undoing Tax Abuse (OUTA) has announced that it has reached a legal agreement with SANRAL’s lawyers that has given OUTA members temporary immunity from prosecution for non-payment of e-tolls.

Members will remain immune for the duration of an e-toll test case that was started in June 2016. Realistically, it will take at least two years for the test case process to finish, OUTA said.

The immunity extends to all current and future OUTA members who are represented by OUTA’s legal team.

OUTA said that this comes after several months of negotiation.

“The agreement effectively grants the entire OUTA member community immunity until the case is complete. Our aim is to show that e-tolling is unlawful in the test case, and should we succeed, the stay of legal claims will become permanent,” said OUTA.

“Unfortunately, SANRAL expressly rejected OUTA’s proposal to include the stay of persecution to public at large in this agreement,” OUTA added.

“Thus, only those individuals and businesses who become Members of OUTA and opt to fall under OUTA’s E-Toll Defence Umbrella (now or in future), will thereby fall under the agreement.”

OUTA said that at the same time, SANRAL clearly indicated that it intends to continue applying legal action and summonsing e-toll defaulters outside OUTA’s membership base. All indications are that new rounds of summons are being issued by SANRAL.

“One would imagine that SANRAL would have halted their persecution of all e-toll defaulters, until OUTA’s test case had reached its conclusion,” said OUTA.

“More worrying for SANRAL is the fact that all their summonses issued between March 2016 and mid-August 2016, were seriously erroneous and significantly flawed to the extent that we maintain these as being excipiable, ie their declarations do not conform to the rules of court.”

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E-tolls test case legal battle begins