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Thread: Now the real fight against e-tolls starts - Outa

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    Default Now the real fight against e-tolls starts - Outa

    Johannesburg – The Organisation Undoing Tax Abuse has taken its challenge against the e-toll system to the next level, serving the South African National Roads Agency Limited with responses to the summonses issued against Outa members for outstanding e-toll payments.

    One in particular, a summons against Thandanani Truckers and Hauliers for R402 841.62 in unpaid e-toll fees incurred between January 2014 and August 2015, is being heard in the Pretoria High Court and will effectively become a test case for the e-toll concept, since it will be the first time that a judge will hear both sides of the argument and then make a ruling based on the merits of the case.
    http://www.iol.co.za/motoring/indust...--outa-9059186
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    I'm rooting for OUTA.

    We really don't need more taxes.
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    Super Grandmaster maumau's Avatar
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    Go OUTA!

    /transfers some money to them

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    Toll is a tax. Charging VAT on a tax is double taxation?

    ... orders one moerkse big packet of popcorn ...

    I'm an OUTA member, are you? I'm shouting for my team.

    Go OUTA, go!

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    Do they charge VAT on regular toll?

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    Quote Originally Posted by Kevin Lancaster View Post
    ”In Sanral’s opinion, legal certainty was previously provided by various courts , i.e. the Constitutional Court, High Court and Supreme Court of Appeal and the plea filed does not appear to introduce any new material matters which were not previously before the courts.

    ”Despite these judgments, OUTA continues to state that tolling is illegal and users don’t need to pay, which in our opinion is incorrect and does not reflect the findings in the previous court decisions.”
    I'm actually going to link a businesstech article:
    https://businesstech.co.za/news/gene...res-the-proof/
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    Scumral is delusional as usual. The courts didn't "rule" in the previous cases and there's no legal certainty as they simply passed the buck till OUTA left the case. With an actual party involved they would HAVE to make a ruling taking all the evidence into account.

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    The etolls being constitutional or not is irrelevant. Everyone is banking on this 'test case' being a fair trial. We all know how deep the corruption runs in the country and the courts are no exception.

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    WOT? So far the courts from the high court up to constitutional court has proven pretty independent to uphold the constitution.

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    The courts will rule in favor of SANRAL.

    I think people are very misguided about what the court case is about.. it's about the companies obeying the law which they did not.

    Arguing SANRAL + eToll not legal/valid has no bearing on not paying etolls. People forget that a court can only make a decision based on legal standing.. of which, until otherwise decided.. eToll is legal in SA.
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    Quote Originally Posted by krycor View Post
    The courts will rule in favor of SANRAL.

    I think people are very misguided about what the court case is about.. it's about the companies obeying the law which they did not.

    Arguing SANRAL + eToll not legal/valid has no bearing on not paying etolls. People forget that a court can only make a decision based on legal standing.. of which, until otherwise decided.. eToll is legal in SA.
    I don't think that OUTA are just "people", though and probably wouldn't have been this involved if they weren't sure of their case.

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    Quote Originally Posted by krycor View Post
    The courts will rule in favor of SANRAL.

    I think people are very misguided about what the court case is about.. it's about the companies obeying the law which they did not.

    Arguing SANRAL + eToll not legal/valid has no bearing on not paying etolls. People forget that a court can only make a decision based on legal standing.. of which, until otherwise decided.. eToll is legal in SA.
    Actually it has. Part of the case is about the legality/illegality of the tolls.

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    Quote Originally Posted by krycor View Post
    The courts will rule in favor of SANRAL.

    I think people are very misguided about what the court case is about.. it's about the companies obeying the law which they did not.

    Arguing SANRAL + eToll not legal/valid has no bearing on not paying etolls. People forget that a court can only make a decision based on legal standing.. of which, until otherwise decided.. eToll is legal in SA.
    Not a lawyer, but...

    Courts don't generally enforce laws where there are doubts as to whether they are constitutional. I believe in practice it'll mean the loser (public here) is given leave to appeal at a higher level - meaning concourt. If concourt finds the law to be unconstitutional then the earlier ruling doesn't hold.
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