DA e-toll court case looms
The Democratic Alliance says that its legal case against the implementation of e-tolls on Gauteng’s freeways has been set down for 4-5 March 2014.
The DA submitted papers to the High Court in November 2013, arguing that the legislation governing e-tolling was incorrectly tagged and should be declared unconstitutional.
In a statement on Monday (13 January), the DA said that its ‘fight’ against e-tolls, implemented on 3 December, has been set down to take place in the ConCourt on 4 and 5 March 2014.
“In 2014, we can choose the path of change and jobs, or we can choose 5 more years of the same from Zuma’s ANC,” said Mmusi Maimane, DA Gauteng Premier Candidate.
“As Premier I will make jobs my top priority, stop corruption in government and fight against the unjust taxation of Gauteng residents through e-tolling,” he said.
The DA has contended that the Constitution made a distinction between Bills that had an impact on national government and those which affected provincial government.
Maimane said the e-toll Bill was incorrectly tagged as a national competency that should be dealt with by the national government.
The Gauteng legislature should have been given an opportunity to vote for or against the Bill, the DA said.
“We believe that the incorrect tagging of the e-toll Bill effectively prevented the provincial legislature from deliberating on the e-toll Bill on behalf of the affected people,” Maimane said.
“However, the tolling of roads impacts on many factors such as urban planning, public transport and traffic regulations – all of which are the competency of provincial governments and municipalities,” the political candidate said.
“Because of this collective responsibility, the Bill should have been dealt with by the National Assembly, the NCOP and all provincial legislatures (called a section 76 Bill),” Maimane said.
Mmusi Maimane
The DA said that, if the Bill is declared unconstitutional it would mean that the National Assembly will have to start their deliberations again, and hold another vote on the Bill. The same will need to happen in each provincial legislature and the National Council of Provinces, it said.
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