Sanral rubbishes claim of agreement on immunity from prosecution for Outa members

08 September 2016 - 19:07 By Ernest Mabuza

The statement by the Organisation Undoing Tax Abuse (Outa) purporting that a legal agreement has been reached with the South African National Roads Agency (Sanral) on a test e-tolls case is false‚ the roads agency said on Thursday.Sanral was responding to an earlier statement by Outa that it had agreed with the road agency that its 25‚000 members will be immune from legal claims over the non-payment of e-tolls‚ pending the finalisation of a test case. “It is nothing more than a fundraising exercise by Outa‚” Sanral spokesman Vusi Mona said on Thursday.Mona said the legal teams from the agency and Outa were in discussions about a test case.In June‚ Sanral issued 6‚500 summonses to motorists for not paying e-tolls. Outa’s plea has been for the courts to hear a test case‚ or cases‚ to determine the lawfulness of the summonses.Outa chairman Wayne Duvenage said on Thursday morning that Sanral had‚ in correspondence with Outa‚ agreed not to proceed with legal claims against Outa members until three test cases involving unpaid bills had been finalised.Mona said Sanral had indicated it agreed in principle to such a process‚ but an agreement could only be reached once Outa had set out its legal defences which it intended to raise in a collateral review.“This will only occur once Outa has pleaded to one of the matters‚ which it has not yet done.Mona said a test case would lessen the burden on the courts‚ costs for all parties and set legal precedent that would assist in all the other matters where similar legal arguments would follow.Mona said despite various cases in the past in the Pretoria High Court‚ the Supreme Court of Appeal and the Constitutional Court all finding in favour of Sanral‚ Outa believed that there was an opportunity to again attack the legality of tolling based on a collateral review.“Going to the media with a statement that an agreement exists‚ is a clear misrepresentation as there has been no final agreement in this regard.“In particular‚ there is no agreement whatsoever that Outa members will be immune from legal action.”Mona said Outa’s statement coincided with its drive for late membership applications.He referred to an invitation by Outa to its members to fund the case.He said if one received a summons below R50‚000‚ a once-off payment of R5‚000 was required by Outa‚ and above R50‚000‚ an amount of 10% for magistrate’s court matters and 5% for high court matters was required.Mona said Outa expected payments in excess of the actual monthly costs of paying the e-toll tariffs to fight a system which brought about the upgrading of 201 km of freewaysMona said Outa also required its members to indemnify them from the probability that they might be unsuccessful in their legal challenge‚ in which case their members would still be liable for the summoned values.Mona called on Outa to answer why it went to the media with a statement while the parties were still busy with “without prejudice” negotiations and when Outa had not yet pleaded in any matter where it was representing a road user.Mona also asked Outa to answer why Outa stated that the e-toll system was unlawful‚ but also stated that it could and did not guarantee the outcome of any legal matter.“In the event that Outa is not successful‚ will they refund users or assist them with the payment of summonses‚ including legal costs and interest‚” Mona asked...

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