Sanral judgment doesn't mean e-tolls are legal - OUTA

Johannesburg – E-tolls are not legal and recent reports on a default judgment granted over the non-payment of e-tolls does not set a precedent for future cases, civil rights body OUTA said on Friday.

Ben Theron, portfolio transport director at the Organisation Undoing Tax Abuse, told Fin24 by phone that a default judgment was made last year against someone who failed to provide a notice to defend themselves after receiving a summons for non-payment of e-tolls.

“We made contact with the defendant concerned who claims that she never received the summons and therefore did not enter into a notice of intention to defend this matter,” OUTA chairperson Wayne Duvenage said in a statement.

“If this is indeed the case and she, the company owner, was never able to defend the case against her, she would likely have ground to have this default judgment rescinded.”

A default judgment is delivered when the person being served does not show up in court, indicating that he or she has no interest in defending himself or herself, explained Theron.

Theron said that it is important for people who are served with a summons not to ignore it. “We advocate (that people be) law-abiding citizens.”

He added that the company in question owed payments to the tune of over R400 000. However, it was in liquidation at the time the summons was served, which sounds alarm bells.

READ: Outa, Sanral bump heads over prosecution of e-toll dodgers

Last year the South African National Roads Agency (Sanral) sent out over 6 000 summonses. OUTA gave notice to defend summonses affecting its members, explained Duvenage.

“While Sanral may be within their rights to seek defaults against some who did not indicate their intention to defend themselves, we see this particular action as another cheap shot and act of intimidation intended to coerce the public into paying their e-tolls.”

A test case is expected later this year, to show that e-tolling is unlawful.

READ: Sanral overpaid close to R10bn on Gauteng freeway upgrade – Outa

OUTA also recently called for a probe into construction companies involved in Sanral’s Gauteng Freeway Improvement Project, in which it alleges R10bn was overpaid due to possible price-fixing.

Sanral spokesperson Vusi Mona however said that the agency instituted civil claims against companies found by the Competition Commission to have colluded, Fin24 reported. 

“Sanral reported the collusion matter to the police, as required by law. Therefore, OUTA’s claim that the agency has done nothing about this matter is patently false,” said Mona. “To its best knowledge, Sanral is the only government entity that has followed up this matter with both civil and criminal action.”

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