The Organisation Undoing Tax Abuse (Outa) has launched fresh legal action in the high court in Pretoria, seeking an order that roads agency Sanral has effectively abandoned its e-tolls debt claims against thousands of motorists and businesses.

The application involves 2 028 defendants who were issued summonses for unpaid e-tolls between 2016 and 2019. Outa has been defending these cases for years under its E-Toll Defence Umbrella, arguing that Sanral’s failure to act since March 2019 amounts to abandonment. That year, Sanral’s board resolved to suspend debt collection while government reviewed the future of the controversial system.

Adv Stefanie Fick, Outa’s executive director for accountability, filed the affidavit. Outa is represented by Jennings Inc and senior advocates. Sanral has indicated it will oppose the application. No court date has yet been set.

If the court rules in Outa’s favour, the 2 028 cases – valued at over R265-million in total – would be struck from the roll. Outa is also asking that Sanral be ordered to pay its legal costs.

E-tolls were introduced in December 2013 as part of the R20-billion Gauteng Freeway Improvement Project, funded entirely through borrowings. Public resistance was fierce from the start, with thousands refusing to pay. Outa spearheaded campaigns against the scheme and defended motorists in court.

In 2022, government confirmed that national treasury (70%) and the Gauteng provincial government (30%) would settle Sanral’s debt, paving the way for the legal end of e-tolls in April 2024 when the toll declarations were withdrawn.

Despite this, Sanral never formally withdrew its outstanding claims. Outa says its attempts to secure clarity through correspondence with Sanral executives have failed, forcing the organisation back to court.

Scrapped

“The test case and the actions have been abandoned,” said Fick in her affidavit, adding that Sanral’s refusal to finalise the matter leaves motorists and businesses in legal limbo and unfairly out of pocket on legal costs.

The largest single claim against a business stands at R13.5-million, while the highest against an individual is just over R800 000. The smallest is R1 249.20. None of the cases has progressed beyond preliminary stages in years.

Read: What Sanral says you can do with your e-tag

If Outa succeeds, it will mark the final legal nail in the coffin of e-tolls – a system that never gained public acceptance and was ultimately scrapped by government after a decade of resistance. – © 2025 NewsCentral Media

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