Constitutional Court sets aside e-Toll ruling
Potentially bad news for motorists
CAPTION: Cartoon first published in Sowetan on 20 April 2012, by Yalo
The Constitutional Court set aside an interim order that put on hold a plan to toll highways in Gauteng, in a judgment handed down today.
"The interim order granted by the High Court on 28 April, 2012, is set aside," said Deputy Chief Justice Dikgang Moseneke.
This was because the high court had not considered the separation of powers between the court and the executive.
The High Court in Pretoria granted the Opposition to Urban Tolling Alliance (Outa) an interdict on April 28, ruling that a full review needed to be carried out before electronic tolling of Gauteng's highways could be put into effect.
The interdict prevented the SA National Roads Agency Limited (Sanral) from levying or collecting e-tolls pending the outcome of a judicial review.
Sanral and National Treasury appealed the court order.
Sanral argued that delays in the project, due to the court's order, prevented it from paying off debts incurred in building gantries.
A massive public outcry about the tolls was supported by the Congress of SA Trade Unions, which said toll fees on a heavily used commuter route would financially cripple the public.
Outa leader Wayne Duvenage said after the judgment: “They can’t start e-tolls tomorrow. Sanral would have to put plans in place and still deal with some outstanding issues”.