Outa calls for swift ruling on e-tolls
The Opposition to Urban Tolling Alliance (Outa) has welcomed the Democratic Alliance and FF+ announcements to file legal papers of additional challengesto the constitutionality and lawfulness of the e-toll regulations and other related matters.
The group says it hopes that the Judiciary will be prompt in its judgment so as to be expedited before Parliament adjourns for the National and Provincial Elections.
Zuma signed the Transport Laws and Related Matters Amendment Bill into law towards the end of September, enabling the e-tolling of Gauteng’s freeways through the Gauteng Freeway Improvement Project (GFIP).
Last month (October), the Supreme Court of Appeal dismissed an appeal by the Opposition to Urban Tolling Alliance (Outa) in its e-toll challenge against the SA National Roads Agency Ltd (Sanral).
Government aims to implement e-tolling for Gauteng roads before December.
On Thursday (7 November), however, The DA submitted papers to the High Court for a new challenge that, if successful, could delay the roll out of e-tolls on Gauteng’s freeways.
Outa said that the DA’s decision to challenge e-tolls will afford the Legislature another chance to scrutinize the rationality and desirability of e-tolling.
The DA is arguing that the Gauteng and other Provincial Legislatures have been wrongfully bypassed in having a say in the enactment of the Transport Laws and Related Matters Amendment Bill by the National Assembly.
“Outa’s court challenge has served to raise issues that were never openly debated at the outset, because of Sanral’s failure to meaningfully consult the public” said Wayne Duvenage, chairman of Outa.
“We therefore maintain the legislation lacks both ethical legitimacy, as well as formal lawfulness. Religious leaders, led by the Catholic Bishops, have already said as much with respect to the morality of e-tolling, while the Supreme Court of Appeal remained silent about the latter, in the Outa application.”
“We have no doubt that if reviewed on the basis of rationality, workability, efficiency and citizens rights, e-tolling should be abandoned.”
“We are confident that in a free vote, the e-tolling bill will be overwhelmingly defeated. No self-respecting MP or MPL from Gauteng could support e-tolling after listening to what their constituencies are saying,” said Duvenage.
Outa noted that it lost in the Constitutional Court because the court found that the Judiciary trespassed into the powers of the Executive by granting Outa’s interdict.
“We lost our case in the High Court and SCA because the judiciary was unwilling to make a declaratory ruling on the lawfulness of e-tolling, because so much water had already flowed under the bridge.”
“The Judiciary could now do a great service to society by referring the matter back to the Legislature for proper debate, which is what should have happened at the outset, following a through public participation process,” Duvenage said.
Outa believes that it can play the role of independent transport regulator is South Africa.
More on e-tolls
DA sends e-tolls back to court
DA to fund Outa e-toll legal fees
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