E-Toll Challenge Timeline

The litigation process on e-Tolls is split into two parts:

The Initial Legal Review 2012 and 2013

10 Jan - 1 Mar 2012

E-Toll Decision Confirmed

OUTA members deliberate legal challenge and decided to lodge application, following Feb 2012 budget speech at which e-Toll decision is confirmed
1-23 Mar 2012

Founding Affidavit

OUTA appoints attorneys. Founding affadavit compiled & filed in N Gauteng High Court, 23 Mar 2012.
30 Mar 2012

Sanral Oppose Interdict

Respondents (Sanral et al) oppose interdict

1-20 Apr 2012

Affidavits Served

Responding and replying affidavits are served
24-26 Apr 2012

Arguments Heard

North Gauteng High Court hears argument for urgency (day 1) and reasons for interdict (days 2 & 3).
29 Apr 2012

Interdict Granted

Judge Bill Prinsloo’s judgement to grant interdict and halts the launch of e-Tolls pending full judicial review.
17 May 2012

SANRAL Records Delivered

Records for review from SANRAL are delivered to OUTA (5280 pages in 16 lever arch files)

22 May 2012

Treasury Appeals

Treasury files application to appeal the interdict in the Cons Court.
Jun-Jul 2012

Affidavits Filed

Parties file their Affidavits for the appeal in the Con Court.

Jun-Oct 2012

Supplementary Affidavits

Supplementary affidavits flow between the parties and court in preparation for review.

15 Aug 2012

Con Court Arguments

Cons Court hears arguments
20 Sep 2012

Con Court Judgement

Con Court Judgement sets aside the temp interdict , enabling SANRAL to proceed with tolling, but does so without interfering with the review. OUTA responds
Oct-Nov 2012

OUTA Heads of Argument

Heads of argument are prepared and filed for the review
13 Dec 2012

High Court Ruling

High Court Judgement by Judge Louis Vorster rules against OUTA’s application and wards costs against OUTA
21 Dec 2012 - 17 Jan 2013

Judgement Assessment

21 Dec 2012 & 7 Jan 2013 OUTA committee e and legal team assesses judgement and requires mandates to appeal judgement.

8 Jan 2013

OUTA Files for Leave to Appeal

OUTA files Application to seek leave to Appeal the High Court judgement

Feb-Jul 2013

Supplementary Heads of Argument

OUTA files Supplementary Heads of Argument on 18 Sept 2013.
Jul-Aug 2013

Heads of Argument

SANRAL’s Heads of Argument and Treasury’s Heads of Argument filed 15 July 2013
Sep 2013

Supreme Court of Appeal

OUTA prepares case to be heard in Supreme Court of Appeal. Date set by SCA is 25 & 26 Sept. OUTA’s Heads of Argument filed 15 June 2013
9 Oct 2013

SCA Judgement

Judgement handed down by the Supreme Court of Appeal

This is where OUTA and its members are today, challenging SANRAL’s e-toll summonses.

May 2016

The Defensive Challenge 2016 & Currently unfolding

In May 2016, SANRAL indicated their intentions to start serving summonses against e-Toll defaulters. To our knowledge and as claimed by SANRAL, they have served roughly 6000 summonses to e-toll defaulters in the Regional / Magistrate courts (for values below R300,000) and in the High Court (over R300,000).

A number of OUTA’s members were served summonses and we have given notice to defend each and every case that our members have notified of their receipt of a summons thus far.