THE E-TOLL COURT CHALLENGE
The introduction of e-tolls in Gauteng in 2013, has been the subject of significant attention and a long court battle, headed up by OUTA. Herewith a summary and overview of the litigation unfolding. The litigation process on e-Tolls is split into two parts:
The Initial Legal Review 2012 and 2013
In 2012, OUTA was formed to challenge the introduction of e-Tolls in Gauteng North High Court. This was lodged as a review of the e-toll decision and ran over a series of court cases which ended in the Supreme Court of Appeal (SCA) judgment on 9 Oct 2013.
This judgment allowed Sanral to continue with their e-toll plans, (the money was borrowed, the roads were built and the gantries were up). Furthermore, the SCA ruled that OUTA had brought its case too late.
However, the court also clearly ruled that if and when Sanral was to summons any individual or company for non-payment of e-tolls, a collateral challenge in defense of their actions could be raised.
This is where OUTA and its members are today, challenging SANRAL’s e-toll summonses, the details of which are alongside.
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.
THE OUTA E-TOLL DEFENCE UMBRELLA
Supporting businesses and individuals who are afraid of prosecution for their resistance against e-tolls.
OUTA’s E-toll Defence Umbrella aims to defend every case of e-toll prosecution within OUTA’s contributing membership base, if any of their members were to be prosecuted for non-payment of e-tolls, know that this kind of defence is significantly beyond the budget, time and abilities of businesses or individuals.
By joining OUTA you will automatically benefit from the e-Toll defence umbrella