Hello Mabs

I run a women’s safety shelter in Johannesburg, operating as an NGO. Our organisation owns three vehicles, and over the years, we accumulated a large eToll bill. Unfortunately, due to limited funds and challenges in raising enough for operations, we couldn’t settle the debt. We were relieved to hear that eTolls had been scrapped, but two months ago, we received a lawyer’s letter demanding payment and threatening to list us as bad payers. This could harm our ability to secure funding and jeopardise our work. Is this legal?

Mabs Answers:

I understand your concern—receiving a lawyer’s letter can be overwhelming, especially when it jeopardizes the critical work of your NGO.

Although eTolls were scrapped earlier this year, any debts incurred before their cancellation remain legally valid. The South African National Roads Agency Limited (SANRAL) is still entitled to pursue legal action to recover unpaid tolls, as the scrapping of the system does not erase prior balances.

If you’ve received a summons, it’s crucial not to ignore it. Consult a lawyer to verify the accuracy of the charges and explore your options. You may also consider reaching out to the Organisation Undoing Tax Abuse (OUTA) for advice and support.

Ignoring the summons could lead to a default judgment against your organization, which may harm your credit record, hinder fundraising efforts, and damage your reputation with donors and sponsors. Acting promptly will help safeguard your NGO’s operations and future.