Organisation Undoing Tax Abuse NPC v South African National Roads Agency Ltd and Others (32095/2020) [2023] ZAGPPHC 1903

17th November 2023

Organisation Undoing Tax Abuse NPC v South African National Roads Agency Ltd and Others (32095/2020) [2023] ZAGPPHC 1903

Click here to read the full judgment on Saflii

[1]             This is an application in which the applicant (OUTA) seeks an order against the first respondent (SANRAL) to furnish certain information (in documentary form) said to be in its possession or under its control, to it. The sixth respondent (N3TC) intervened in the application and opposed the furnishing of certain of the documents.

[2]             OUTA describes itself as a “proudly South African non-profit civil action organisation, comprising of and supported by people who are passionate about improving the prosperity of our nation. OUTA was established to challenge the abuse of authority, in particular the abuse of taxpayers’ money.”[1]

[3]             SANRAL is the state-owned entity established in terms of the South African National Roads Agency Limited and National Roads Act.[2]  It is inter alia “responsible for, and is hereby given power to perform, all strategic planning with regard to the South African national roads system, as well as the planning, design, construction, operation, management, control, maintenance and rehabilitation of national roads for the Republic, . . .”.[3]

[4]             N3TC is a private company with whom SANRAL contracted, and which has over the last 24 years to attend to inter alia the construction, operation, management and control of a section of the N3 highway.  The information which OUTA has requested from SANRAL, all relates to the contract between SANRAL and N3TC.