The Organisation Undoing Tax Abuse (Outa) has slammed the South African National Roads Agency’s (Sanral’s) legal strategy to issue summonses to motorists who have failed to pay their e-tolls.<\/p>\n
The civil action organisation, known for its opposition to e-tolls, said Sanral employed attorneys with \u201cvirtual offices\u201d in contravention of Magistrates Court rules.<\/p>\n
\u201cThe correspondent attorney used by Sanral in the Pretoria Magistrates Court summons is Bruce Henderson Attorneys.\u00a0 According to the summons, Mr Henderson\u2019s physical address, where notices have to be delivered is 3rd Floor, Building 2, Brooklyn Bridge Office Park, 570 Fehrsen Street, Pretoria,\u201d Outa said in a statement on Monday.<\/p>\n
\u201cBut Mr Henderson doesn\u2019t practise from this address, as the office constitutes nothing other than a single desk with a receptionist in a Regus office, nor is the receptionist able to answer a single question regarding issues relating to the summons,\u201d it added.<\/p>\n
In response, Henderson said he was acting as a correspondent attorney for Morris Fuller Williams Attorneys, based in Durban.<\/p>\n
Incomplete information<\/strong><\/p>\n \u201cI\u2019m acting as a post box, I\u2019m acting on behalf of Morris Fuller,\u201d Henderson told Fin24.<\/p>\n He said that he has noted Outa\u2019s threat to lay a charge.<\/p>\n \u201cI\u2019ve appointed an address in Regus Office Park and we have asked the Law Society for clarity and will be following it up with an email later on this morning,\u201d he said.<\/p>\n Outa said many summonses have incomplete information such as a lack of a case number, which makes it difficult for defendants to file a notice of intention to defend.<\/p>\n \u201cIt would be unethical, unprofessional, unlawful and most definitely reportable to the Law Society for Sanral\u2019s lawyers to proceed to obtain judgments by default where defendants do not file a notice to defend because they are unable to do so,\u201d the organisation said.<\/p>\n Magistrates rules prescribe that an attorney\u2019s fax, email and telephone number are listed on summonses to afford defendants the ability to respond to demands.<\/p>\n \u201cNone of these [details] appear on the summons, and it simply redirects the motorist back to Sanral’s \u2018Less60\u2019 call centre and Sanral\u2019s Violations Centre telephone number, whose operators are entirely clueless about the details of the summons,\u201d Outa said.<\/p>\n News24<\/a><\/p>\n ANC Gauteng wants e-toll rethink<\/strong><\/a><\/p>\n E-tolls not going anywhere: transport minister<\/strong><\/a><\/p>\n Road users \u201cflock\u201d to pay e-tolls for 60% discount<\/strong><\/a><\/p>\n R8 million e-toll bill battle heads to court<\/a><\/strong><\/p>\n Sanral vs Outa over e-toll report error<\/a><\/strong><\/p>\nMore on e-tolls<\/h3>\n