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Sanral: We are coming for e-toll non-payers

Sanral: We are coming for e-toll non-payers

Despite assurances from opposition civil society groups JPSA and Outa last week, Sanral has confirmed that it plans to use a recent high court decision as a precedent to go after Gauteng motorists who have not paid e-tolls.

In January, the Pretoria High Court granted a default judgement in favour of Sanral against an Alberton-based company on the grounds that the debtor had an outstanding toll amount of R436,407.57. The court further ordered to pay interest at the rate of 10.25% as well as the relevant sheriff’s fees.

According to the head of Justice Project South Africa, Howard Dembovsky, the ruling meant very little for motorists outside demonstrating that if you simply ignore a civil summons for “debt”, a default judgment is likely.

The ruling is also unlikely to impact the ‘test e-toll case’ currently being formulated by civil action group Outa, Demobovsky said.

According to JPSA and Outa, the ruling doesn’t demonstrate anything new or set any new precedents: if you fail to show up to defend any case, you will have a default judgement laid against you.

“My advice to motorists is what it has always been. If you aren’t paying e-tolls and receive a summons – defend it,” JPSA’s Dembovsky said.

Outa,meanwhile, said that any of its members that receive a summons from Sanral, and lets the civil action group know, will be defended under Outa’s ‘umbrella’ protection, with its test-case agreement with Sanral.

Outa went further, however, and questioned the validity of the judgement altogether, after after the group received word from the defendant in the case, claiming that she had never received the court summons.

Outa head Wayne Duvenage said that the defendant would try and get the verdict rescinded on that basis.

The group dismissed Sanral’s claims as posturing, and using its old tactic of using threats and intimidation to scare Gauteng road users – who have widely rejected the e-toll system – into paying money before the legitimacy of the system has been tested in court.

Sanral plans to take things further

Despite the validity and seriousness of the judgement being brought into question, Sanral has confirmed that it plans to use the high-court decision as the basis for the collection of e-tolls going forward.

Notably, Sanral says the judgment sets a precedent for motorists and companies who do not pay e-toll debt to be taken to court, Sanral spokesperson Vusi Mona told Fin24 on Monday.

“It also means that the proof of the default submitted by Sanral was accepted by the court. We are confident that the default judgment in our favour will be persuasive for other courts when deciding subsequent cases,” he added.

He noted that the agency had an obligation in terms of the Public Finance Management Act and Treasury Regulations to collect fees and that there was not enough money in the national budget for the debt.

“There are urgent and competing demands on the budget, such as improved health care, education and social security payments. This makes it necessary and unavoidable to selectively use tolling as a funding mechanism.”

Read: ‘First’ e-toll ruling means very little for motorists: JPSA

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  • Konstabel Koekemoer

    Vusi busy with threats again. Nobody is stupid enough to rush out and pay because of this default judgement. Those who would be intimidated by this are those last spineless fools who are in any case still paying for e-tolls.

  • RodneyVikens

    So are you coming to KZN to fetch Mr. Piet van Syl who is living in Pretoria?

  • Ross Gordon

    Ever since tolling started, Sanral has won two cases, one when the number plates were purposefully altered to avoid tolls and now this one, when the company is being liquidated.
    In the first case they won the case because of fraud being committed (altered number plates) in the second case not only have they not won the case (not defended) they are not likely to get more than about 5c in the rand as they have to line up with all the other creditors. So as long as you dont try to alter your number plate and dont go insolvent, you are safe from SANRAL.

  • More cardboard threats from Mona and crew

  • Ubaba meet Baba

    Never sign acontract that isn’t in your favor. That’s just good advice for free!

    As for this court and tolls, I’m laughing in your face!

  • Gerald

    Amazing how Social Security is mentioned as part of demand on budget, when SASSA recent blunder is costing the tax payer a fortune in legal fees and other costs to fix the Minister’s blunder. Just add up all the ANC blunders and we can “pay back” the money and improve the already insufficient roads.

    • Fred

      I assume that “blunders” should really be CORRUPTION.

  • yarwellnofine

    I won’t pay.

    • Jennifer

      Please elaborate in detail

      • Wilana Olivier

        Really… Marketing. Cheap marketing.. Sies Eugene!

    • Wilana Olivier

      Ja ne? Sies om so onbeskaamd te adverteer, laat my dink aan ‘n polis verkoper op ‘n begrafnis..

  • the-TRUTH

    So ANC is going to lose Gauteng province during the 2019 national elections – I can’t wait…

  • jacob

    All these government idiots want to do is think of ways of stealing the peoples money. They dont work or do anything, YOU DO AND YOU MUST PAY THEM FOR MAHALA

  • Schrödinger’s Cat

    Default judgements are nasty little things. Defend it

  • ToothyGrinn

    My boo­gers are much greener today than normal.

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