E-toll court proceedings head into day two
The Pretoria High Court heard arguments from both sides of the Gauteng e-toll postponement case brought against SANRAL by OUTA today (24 April 2012), and further arguments will be heard on Wednesday, 25 April 2012, when the case continues.
OUTA not entitled to postponement
The Opposition to Urban Tolling Alliance (Outa) should not be entitled to another postponement of the Gauteng e-tolling system, the High Court in Pretoria heard on Tuesday.
“There must be an extraordinary good reason to postpone the scheme again,” said Vincent Maleka, legal representative for the transport minister and Gauteng transport MEC.
E-tolling had already been postponed last year June.
Maleka was presenting arguments for why Outa’s application should not be seen as urgent.
“In a nutshell there is no rational basis to postpone the matter,” he argued before Judge Bill Prinsloo.
He said Outa in its founding affidavit only gave one reason for why tolling should be postponed. It said it was because hundreds of motorists would suffer because of the price.
“Those reasons are not enough,” said Maleka.
He pointed out that in its affidavit Outa said that it supported the need for upgrades and road additions that had been planned by the Gauteng freeway improvement project when it was necessary.
“They don’t reject the need for improvement… They want to enjoy the benefits of the improvements, but they don’t want to pay for it,” he said.
Maleka said he agreed with David Unterhalter, legal representative for the SA National Roads Agency Limited (Sanral), that Outa was four years too late.
The toll declaration was made on March 28, 2008.
He asked Judge Prinsloo to strike the application off the roll and reward costs.
Toll tariffs only announced in February
Opponents to the Gauteng e-tolling scheme could only bring legal action after the tariffs had been announced in February 2011, the High Court in Pretoria was told.
This had resulted in a large public outcry and was when the magnitude of the system became apparent, Alistair Franklin, for the applicants — who include the Opposition to Urban Tolling Alliance — told the court.
He was replying to earlier arguments that opponents to tolling only brought legal action four years after the toll roads were declared.
Franklin said the Opposition to Urban Tolling Alliance (Outa) and other applicants trying to stop the tolling had only become aware that the system would start on April 30 when it was announced in the Budget on February 22 this year.
The applicants supported the need to upgrade Gauteng’s roads, but were against how it would be paid for.
“The applicants attack the funding method that was adopted, that is all.”
Franklin rejected arguments that the applicants could still have their day in court, even if their attempt to halt the tolls failed and the scheme went ahead on Monday.
“There is a very real prejudice motorists will suffer should this scheme turn out to be unlawful. It (this application) is urgent because if this relief is not given before the 30th of April, the horse will have bolted.”
Case postponed
Argument in a bid to stop e-tolling in Gauteng will continue in the High Court in Pretoria on Wednesday.
Judge Bill Prinsloo said he would then hear further argument and give judgment on the urgency of the matter.
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