The Organisation for Undoing Tax Abuse (OUTA) has announced that it has reached a legal agreement with SANRAL\u2019s lawyers that\u00a0has given OUTA members temporary immunity from prosecution for non-payment of e-tolls.<\/p>\n
Members will remain immune for the duration of an e-toll test case that was started in June 2016.\u00a0Realistically, it will take at least two years for the test case process to finish, OUTA said.<\/p>\n
The immunity extends to\u00a0all current and future OUTA members who are represented by OUTA\u2019s legal team.<\/p>\n
OUTA said that this comes after\u00a0several months of negotiation.<\/p>\n
\u201cThe agreement effectively grants the entire OUTA member community immunity until the case is complete. Our aim is to show that e-tolling is unlawful in the test case, and should we succeed, the stay of legal claims will become permanent,\u201d\u00a0said OUTA.<\/p>\n
\u201cUnfortunately, SANRAL expressly rejected OUTA\u2019s proposal to include the stay of persecution to public at large in this agreement,\u201d OUTA added.<\/p>\n
\u201cThus, only those individuals and businesses who become Members of OUTA and opt to fall under OUTA\u2019s E-Toll Defence Umbrella (now or in future), will thereby fall under the agreement.\u201d<\/p>\n
OUTA said that at the same time, SANRAL clearly indicated that it\u00a0intends to continue applying legal action and summonsing e-toll defaulters outside OUTA\u2019s membership base. All indications are that new rounds of summons are being issued by SANRAL.<\/p>\n
\u201cOne would imagine that SANRAL would have halted their persecution of all e-toll defaulters, until OUTA\u2019s test case had reached its conclusion,\u201d said OUTA.<\/p>\n
\u201cMore worrying for SANRAL is the fact that all their summonses issued between March 2016 and mid-August 2016, were seriously erroneous and significantly flawed to the extent that we maintain these as being excipiable, ie their declarations do not conform to the rules of court.\u201d<\/p>\n
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