The Opposition to Urban Tolling Alliance (Outa) has begun a campaign to help provide legal support for its contributing members should they find themselves in court over the non-payment of e-toll fees.
The 'E-toll Defensive Umbrella' campaign is only available to those who "agree to Outa's conditions and sign-up to donate a monthly contribution of an affordable value of their choice".
Outa says it has always maintained "the inefficient e-toll scheme was introduced unlawfully" and that the public have every right not to pay tolls for the use of Gauteng's freeways.
Its Web site says the E-toll Defence Umbrella is "aimed at supporting the vast amount of businesses and members of the public who are afraid of individual prosecution for their resistance against the unjust policy of e-tolls".
The alliance aims to defend every case of e-toll prosecution within its contributing membership base. However, it "cannot guarantee representation, and assistance is always on the basis that society has contributed sufficient funds to cater for any litigation costs".
"Outa has developed a significant base of evidence and is confident in their ability to successfully defend an e-toll non-compliance case, on various fronts. We know this defence is significantly beyond the budget, time and abilities of businesses or individuals to carry if they are ever individually prosecuted, unless they are assisted by an organisation such as Outa," it says.
"The fight against corruption, tax abuse and irrational tax policy, requires the creation of operational structures with the ability to investigate, expose, and where necessary, challenge or take to court the responsible individuals in power for these questionable or unlawful actions."
The group, however, believes these same mechanisms of attack can also effectively be used in defence against unjust prosecution, as in the case of e-tolls.
To qualify for Outa's legal defence, businesses or individuals need to become contributing members through either monthly or annual membership contributions.
"We function on an honour-based system whereby financial contributions to the cause are made solely at the discretion of the member and to the value they believe they can afford (but above the administrative minimum set by the organisation).
"There is no upward limit to donations, all of which go into the same pool."
Under its conditions, Outa points out the defence umbrella is "not an insurance policy, but a mandate from its membership to defend against unlawful government conduct". It also states the defence does not extend to unlawful actions such as "number plate cloning or traffic fines, or withholding of vehicle licences because of non-payment of traffic fines".
To fall under Outa's defence umbrella, motorists need to already be a member at the time a criminal or civil summons is issued.
Discount dilemma
Outa has come out strongly against the SA National Roads Agency's (Sanral's) offer of a 60% discount on past e-toll debt, calling it a "farce" that doesn't change anything.
"A 60% discount of zero rands due, remains zero, as far as we are concerned." says chairperson Wayne Duvenage.
This after Sanral announced over the weekend that motorists with outstanding e-tolls could get a 60% discount on their fines as of today. The discount was one of the new e-toll dispensations announced by deputy president Cyril Ramaphosa in May.
Outa maintains that offering motorists a discount won't change anything because "the majority of the motoring public have rejected the scheme, not because of the tariffs, but because the scheme is unjust and irrational".
"If the Gauteng motorists were sold on the scheme in the first place, they would have gone out and fitted e-tags to enjoy the discounted rate from the start," according to an Outa statement.
"We believe a few people may succumb to Sanral's new carrot, but it will not push their current low 25% compliance levels to much more than 40%, which was where it was in mid-2014, and at those levels, the scheme remains a massive failure as a user pays mechanism."
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