Question NW1364 to the Minister of Transport
23 May 2016 - NW1364
Alberts, Mr ADW to ask the Minister of Transport
(a) How many (i) individuals and (ii) business concerns have been summoned by the SA National Roads Agency Ltd (Sanral) regarding their outstanding e-toll accounts, (b) what is the scale from the smallest to the largest amount being claimed, (c) what is the legal cause of each specified claim, (d)(i) which legal firms have been employed to institute legal steps and (ii) in terms of which process were they appointed, (e)(i) whether senior advocates will be appointed regarding any of the specified claims, (ii) who are the senior advocates and (iii) in terms of what process were they appointed and (f)(i) what do the legal costs currently amount to regarding the issuing of summonses and (ii) what amount has Sanral budgeted for settling the specified claims?
Reply:
(a) (i) 5449 individuals
(ii) 837 Corporate/businesses
(b) Smallest amount = R204.75
Largest amount = R10 551 548.16
(c) The Legal cause is Non Payment of Toll.
(d) (i) & (ii) From a Summons issue perspective Daly Attorneys were used. They form part of the Contractor’s business model with their sub-contractors.
Werksmans Inc. is on a retainer as Sanral’s attorneys of record related to e-Toll matters. A due SCM process was followed in their initial appointment.
(e) (i) Senior advocates may be appointed depending on the specifics of the defences offered for specified claims. However, no matter has reached a stage where the particular defences are known.
(ii) (iii) The appointment of senior advocates depends on the legal matters to be argued and the availability of a particular senior advocate.
(f) (i) There are fixed costs applicable to the drafting of summonses, costs of the court and sheriff costs. (ii) There is no specific budget for legal costs. SANRAL has a general budget for legal costs. Furthermore, depending on the particular process, legal costs are determined by the courts and if a defendant found guilty, the costs are carried by the defendant.