THE Pretoria High Court is expected to make a ruling today on whether or not the controversial e-tolling of Gauteng highways was an urgent matter.
Yesterday, the court heard arguments on the urgent interdict brought by Opposition to Urban Tolling Alliance (Outa), a group of business people who want to halt the implementation of the system.
Outa argues that the implementation of the system, scheduled for Monday, be postponed because the draft legislation was only released last Friday. Outa considers this to be at short notice.
The South African National Roads Agency Limited's advocate David Untherhatler disputed Outa's argument, saying the tolling was published in March 2008 and the anti-toll lobby group had kept quite about the issue.
"In 2008 a decision was taken that there was going to be tolling of the highways and the public was given 180 days to comment. They did not do anything ..." Untherhatler said.
He said the court should ask why the decision had to be considered in 2012, saying there has been an elaborate process of consultations.
The processes, he said, included parliamentary engagements and public participation, including wide advertisements. He said those opposed to e-tolling had stood by when the gantries went up.
In response, Outa's legal representative Alistair Franklin said that people were not opposed to the upgrading of the roads, but disagreed with its funding method. He also warned that motorists might suffer if it later transpired that the scheme was illegal, citing that its legal framework was not yet clear.
He said though the declaration of the tolls was published in 2008, the tariffs were only announced in February 2011. "Applicants did not have all the information about the scheme until tariffs were published this month," Franklin said.
Vincent Maleka, the legal representative for Minister of Transport Sbu Ndebele and Gauteng MEC for roads and transport Ismail Vadi, said there should be an extraordinary reason why the scheme had to be postponed again.
The implementation of the e-tolling system has been postponed four times following a public outcry.
Civil society formations, business organisations and political parties have given their support as "friends of the court".
Cosatu is planning to hold a night vigil tonight in protest against the implementation of the e-tolls.
The hearing continues today.
Court to rule today on e-tolls
THE Pretoria High Court is expected to make a ruling today on whether or not the controversial e-tolling of Gauteng highways was an urgent matter.
Yesterday, the court heard arguments on the urgent interdict brought by Opposition to Urban Tolling Alliance (Outa), a group of business people who want to halt the implementation of the system.
Outa argues that the implementation of the system, scheduled for Monday, be postponed because the draft legislation was only released last Friday. Outa considers this to be at short notice.
The South African National Roads Agency Limited's advocate David Untherhatler disputed Outa's argument, saying the tolling was published in March 2008 and the anti-toll lobby group had kept quite about the issue.
"In 2008 a decision was taken that there was going to be tolling of the highways and the public was given 180 days to comment. They did not do anything ..." Untherhatler said.
He said the court should ask why the decision had to be considered in 2012, saying there has been an elaborate process of consultations.
The processes, he said, included parliamentary engagements and public participation, including wide advertisements. He said those opposed to e-tolling had stood by when the gantries went up.
In response, Outa's legal representative Alistair Franklin said that people were not opposed to the upgrading of the roads, but disagreed with its funding method. He also warned that motorists might suffer if it later transpired that the scheme was illegal, citing that its legal framework was not yet clear.
He said though the declaration of the tolls was published in 2008, the tariffs were only announced in February 2011. "Applicants did not have all the information about the scheme until tariffs were published this month," Franklin said.
Vincent Maleka, the legal representative for Minister of Transport Sbu Ndebele and Gauteng MEC for roads and transport Ismail Vadi, said there should be an extraordinary reason why the scheme had to be postponed again.
The implementation of the e-tolling system has been postponed four times following a public outcry.
Civil society formations, business organisations and political parties have given their support as "friends of the court".
Cosatu is planning to hold a night vigil tonight in protest against the implementation of the e-tolls.
The hearing continues today.
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