OUTA’s e-Toll Defence Umbrella

umbrella

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  • OUTA’s expanded role as a civil action organization, has progressed towards a membership-based contribution model that sustainably facilitates a growing mandate from the public, to become an effective Civil Society instrument against not just e-tolls, but also holding to account individuals responsible for corruption, and tax abuse, and irrational tax policy in South Africa.
  • The fight against corruption, tax abuse and irrational tax policy, requires the creation of operational structures with the ability to investigate, expose, and where necessary, challenge or take to court the responsible individuals in power for these questionable or unlawful actions. However these very same mechanisms of “attack” can also effectively be used in defence against unjust prosecution, as in the case of e-Tolls, thus the introduction of OUTA’s E-toll Defence Umbrella.
  • OUTA’s E-toll Defence Umbrella is aimed at supporting the vast amount of businesses and members of the public who are afraid of individual prosecution for their resistance against the unjust policy of e-tolls. It 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.  However, OUTA cannot guarantee representation, and assistance is always on the basis that society has contributed sufficient funds to cater for any litigation costs.
  • OUTA has developed a significant base of evidence and is confident in their ability to successfully defend an e-toll non-compliance case, on various fronts. We know that this defence is significantly beyond the budget, time and abilities of businesses or individuals to carry if they are ever individually prosecuted, unless they are assisted by an organisation such as OUTA.
  • To fall under OUTA’s E-toll Defence Umbrella, businesses or individuals simply need to become contributing members of OUTA through either monthly or annual membership contributions for both business or individuals.
  • We function on an honour-based system whereby financial contributions to the cause are made solely at the discretion of the member and to the value they believe they can afford. There is no upward limit to donations, all of which go into the same pool. However, we are only able to extend these defensive capabilities to OUTA members.

All current contributing members of OUTA will fall under the ‘E-Toll Defence Umbrella’. Click here to become a member.

Conditions:

  1. Although OUTA intends on defending each and every one of their members, I understand that my OUTA membership contribution is not a guarantee of representation nor an insurance policy, but a voluntary contribution towards a civil society movement that aims to protect individual and collective rights. OUTA is not a registered short term insurer and cannot provide the benefits associated with short-term insurance.
  2. I am becoming an OUTA member to show solidarity with OUTA’s mission to act on my behalf as vehicle for collective civil action.
  3. To fall under OUTA’s defence umbrella you need to be an OUTA member at the time a criminal or civil summons is issued against you in a court of law.
  4. OUTA E-Toll Umbrella Defence is limited to its contributing members, in the event of a case being brought for non-payment of Gauteng Freeway e-tolls, or other charges directly linked to e-toll non-payment, such as the withholding of vehicle licenses.
  5. This defence does not extend to unlawful actions such as  number plate cloning or traffic fines, or withholding of vehicle licenses because of non-payment of traffic fines and other related license fee penalties.
  6. It is important to note that the OUTA Defence Umbrella  is not an insurance policy, but a mandate from its membership to defend against unlawful government conduct. OUTA’s defence mandate stipulates that ALL active members of the OUTA member community should be defended within the full means and capabilities of the organisation, if they are ever individually or collectively targeted for prosecution or prejudiced because of e-tolls, within the financial means of the organisation.
  7. OUTA is not a law firm or a body of lawyers, but a non-profit organization which, amongst others activities, facilitates the legal defense of its members by practicing lawyers.
  8. OUTA cannot and does not guarantee the outcome of any legal matter.
  9. OUTA will not be held liable for any damages suffered as a result of the grossly negligent or wilful behaviour of any instructed lawyer.
  10. No assistance will be provided and will be retracted in the event that information is received indicating that an OUTA member was involved in any fraudulent activity regarding his/her/its e-toll account.
  11. Legal representation will only be facilitated once all the documents required from the member have been received by OUTA’s appointed case manager.

Click here to become a member.