Share

E-tolls offer poses legal conundrum

Johannesburg - An offer by legal firm Findlay & Niemeyer Inc to defend the first non-compliant e-toll road user borders on incitement, Sake24 reported on Tuesday.

This is according to Patrick Bracher, a director at the legal firm Norton Rose Fulbright.

He said the offer amounted to incitement to commit a crime and the Constitutional Court had already dealt with the question of the fairness of e-tolls in Gauteng.

"Somebody could be motivated by this to break a law while being under the impression that it is not a valid law," said Bracher.

Findlay & Niemeyer Inc made the offer on Tuesday after the SA National Roads Agency Ltd's (Sanral) warning to motorists to pay within seven days of receiving e-toll bills or be handed over to debt collectors.

"In defending the test case, we will act on a contingency basis in the sense that we will charge no fees to the client and call for no deposit," the firm's senior partner John Price said in a statement.

"The prospective test case client, and the basis of his or her complaint, would need to be carefully selected to ensure that the real toll road issues are put cogently before the court."

Business Day newspaper reported on Tuesday that the Opposition to Urban Tolling Alliance (Outa) was working with Findlay & Niemeyer.

Transport Minister Dipuo Peters announced last Wednesday that e-tolling on Gauteng's highways would begin on December 3.

On Sunday, Sanral chief executive Nazir Alli said if debt collection failed the Criminal Procedure Act would come into effect and motorists would receive summons to that effect.


We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
18.94
-0.2%
Rand - Pound
23.91
-0.1%
Rand - Euro
20.43
+0.2%
Rand - Aus dollar
12.34
+0.1%
Rand - Yen
0.13
-0.2%
Platinum
910.50
+1.5%
Palladium
1,011.50
+1.0%
Gold
2,221.35
+1.2%
Silver
24.87
+0.9%
Brent-ruolie
86.09
-0.2%
Top 40
68,346
+1.0%
All Share
74,536
+0.8%
Resource 10
57,251
+2.8%
Industrial 25
103,936
+0.6%
Financial 15
16,502
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders