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ALL YOU NEED TO KNOW ABOUT SANRAL's DEFAULT JUDGEMENT AGAINST E-TOLLS DEFAULERS
All you need to know about SANRAL's default judgements against e-Toll Defaulters
In April 2016, SANRAL started issuing summons to the motorists who had not settled their e-toll debt. Thousands of OUTA supporters received summonses from SANRAL and mandated OUTA to instruct Alet Uys Attorneys to defend this matter on your behalf.
In November 2016, SANRAL and OUTA agreed to test the legality of the e-tolling system through a single test case as opposed to multiple cases. The test case or collateral challenge is a conglomeration of 10 cases/ matters which our team earmarked and constitutes a representative spread of society. Due to the “test case” unfolding between our attorney’s and SANRAL’s attorneys, all matters are stayed pending the outcome of the “test case”. This literally means that all other matters of OUTA supporters are standing still and no further steps are needed while the test case is being decided. We are now at discovery stage (i.e. obtaining insight to many of the documents pertaining to the decisions taken) and each party will need to produce the documentation on which it relies to prove their respective claims. The result of the test case will then be applied across the remaining matters.
SANRAL recently obtained a number of default judgements against e-toll defaulters . OUTA is concerned and while SANRAL is within its rights to do so, it does beg the question: Why is SANRAL obtaining default judgments against motorists when it is engaged in a case with OUTA’s supporters testing the lawfulness of the defunct e-toll scheme?
We are concerned that SANRAL is negatively affecting motorists’ credit ratings, which makes it more difficult to obtain credit facilities.
It is important to note that these judgements have no relevance in OUTA’s test case as they are not rulings based on the merits of the e-Tolls but is merely judgements issued by the court due to, for example, an individual not responding to a summons.
Of greater concern is SANRAL's tactic of taking advantage of unsuspecting supporters of the public (who may not have received or responded to a summons) whilst a test case is underway.
To establish if you have a default judgment or not, we suggest that you check with an accredited credit vetting company.
If you receive a summons, this cannot be ignored, and you need to act or inform OUTA of this by following the OUTA E-Toll Summons Process.
What to do if you have received a default judgement from SANRAL
If you or your business have received a default judgement for not responding to an e-Toll summons, the input below provides guidance and steps to be taken. This process will require court appearances and legal representation.
A default judgement is a judgement granted without hearing the arguments of the party against whom it is granted.
In the Magistrates’ Court, a default judgement may be taken on the following grounds:
- When the defendant fails to enter an appearance at court;
- When there is a defective appearance to defend;
- When the defendant fails to deliver a plea within the prescribed time limits;
- When a party fails to appear at trial.
In the High Court, a default judgement may be taken on the following grounds:
- When the defendant fails to give notice of an intention to defend;
- When the defendant fails to deliver a plea within the prescribed time limits and after service of a notice of bar in terms of High Court Rule 26;
- When the plaintiff does not deliver a declaration or is barred from doing so in terms of High Court Rule 26;
The defendant is not without remedies in the face
of a default judgement.
The judgement may be rescinded if:
- The plaintiff in whose favour the default judgement was granted, agrees in writing and in proper form, that the judgement be rescinded;
- If no consent is obtained, the defendant may apply to the Magistrate’s Court for rescission of the judgement within 20 days of learning of the judgement.
- In this application for rescission, the applicant must prove that there is good cause for the court to rescind the judgment.
- The court may also rescind any judgment where it has good reason to do so.
If you have not acquired your own legal representation, we suggest you do so urgently (a defendant may apply to the Magistrate’s Court for rescission of the judgement within 20 days of learning of the judgement) or contact OUTA at https://www.outa.co.za/contactus or telephonically at 0871700639 for the necessary guidance.