Sanral e-tolls case struck from the roll

[rpm]

E-tolls case struck from the roll

An application by the FF Plus to stop e-tolls on Gauteng highways was struck from the roll by the High Court in Pretoria on Monday.

 

[Venomous]

Is anyone surprised?

 

[ToxicBunny]

Not really..

but we all live in hope that ONE of the cases doesn't get screwed over like this.

 

[Dlamaqhinga]

why did they only go to court so late? they should have went to court days after the bill was signed into law

 

[Fulcrum29]

Thrown out by the new appointee whom started today...

 

[Grubscrew]

still not getting one

 

[Sonic2k]

The surprise will probably hit me next year...
I refuse to have Kapsch's spyware in my car

 

[Drunkard #1]

I'm not surprised, and not really disappointed. If OUTA didn't get their interdict last year, the whole incompetent circus would have been exposed on 1 May 2012. OUTA bought SANRAL the time it needed to get their act together. As it stands, we can all use the ministers mistake to our advantage. The first case to go to court just has to claim that the tolls were not properly proclaimed in terms of the 14 day requirement, and therefore illegal. Go back to begin, do not collect R 200.

 

[Kawak]

Still not getting tagged, come and get me!!

 

[Nerfherder]

why did they only go to court so late? they should have went to court days after the bill was signed into law

Its just for show... I'm sure they knew it would get thrown out.

 

[House]

Still not getting tagged, come and get me!!

Lol, believe me they will, eventually.

 

[Paul Hjul]

Its just for show... I'm sure they knew it would get thrown out.

it was struck from the roll not dismissed. The FF+ was taking a long shot on the urgency front because of the balance of harm. However if SANRAL does proceed having been put to task and the application proceeds on the ordinary roll under judicial review there should be no difficulty holding them liable for the harm to motorists

 

[koeksGHT]

Thrown out by the new appointee whom started today...

this +1+1+1+1+1+1+1+1+1+1+1+1

the cover up and damage control starting. Replace anyone who is a threat

 

[Nerfherder]

it was struck from the roll not dismissed. The FF+ was taking a long shot on the urgency front because of the balance of harm. However if SANRAL does proceed having been put to task and the application proceeds on the ordinary roll under judicial review there should be no difficulty holding them liable for the harm to motorists

SANRAL win court cases : we pay
SANRAL lose court cases : we pay


I'd rather these special interest groups just leave it alone and rather start looking at when the etolls tender comes up for renewal in 5 years time.

 

[falcon786]

Lol, believe me they will, eventually.

Rubbish, I have speeding tickets from 8 years ago nobody has come to get me. .. if they do come I'll pay the contempt of court and fine no big deal and I'll be doing the same for etolls.You just like to invoke fear here because you work for government probably or the ANC and you said the same kind of things with the whole 'hacking' saga scaring people with stupid talk yet nothing came off it in the end.

I won't be taking anything you say to heart after your behaviour during that incident. You are clearly a pro government fear mongerer or maybe youre just so naive that you actually think the goverment dictates to the people in a democratic system. Its about time we get rid of that ignorant mentality in the ANC and the next election with or without etolls is going to be a shock for the ANC as the people are angry even in the townships they are going to loose a lot of votes and won't be feeling invincible anymore.

They will probably win but not as convincingly as in the past.

 

[koeksGHT]

Rubbish, I have speeding tickets from 8 years ago nobody has come to get me. .. if they do come I'll pay the contempt of court and fine no big deal and I'll be doing the same for etolls.You just like to invoke fear here because you work for government probably or the ANC and you said the same kind of things with the whole 'hacking' saga scaring people with stupid talk yet nothing came off it in the end.

I won't be taking anything you say to heart after your behaviour during that incident. You are clearly a pro government fear mongerer or maybe youre just so naive that you actually think the goverment dictates to the people in a democratic system. Its about time we get rid of that ignorant mentality in the ANC and the next election with or without etolls is going to be a shock for the ANC as the people are angry even in the townships they are going to loose a lot of votes and won't be feeling invincible anymore.

They will probably win but not as convincingly as in the past.

+1 he does have that mindset

Must be Nazir Alli

 

[UserZ]

So what happens if (big if) the FF Plus are successful later? Will that mean that the tolls collected so far till the new implementation date (for the actual 14 days) will be invalid and have to be refunded? Or will that be up to the judge to decide? Just wondering if there is a reasonable case to have our tolls refunded under such a scenario (seems like quite a admin headache if that was to occur)?

 

[Sonic2k]

I have speeding tickets from 8 years ago nobody has come to get me. ..

Likewise... he does raise a valid point.
Mine were incurred back when they would drop road speed limits without warning and use that to rake in money.
The roads have since had the speed limits restored- someone took them to court. Most of the fines were scrapped except one or two I refuse to pay.

 

[Paul Hjul]

So what happens if (big if) the FF Plus are successful later? Will that mean that the tolls collected so far till the new implementation date (for the actual 14 days) will be invalid and have to be refunded? Or will that be up to the judge to decide? Just wondering if there is a reasonable case to have our tolls refunded under such a scenario (seems like quite a admin headache if that was to occur)?

I don't think the if is that big. The biggest problem the FF+ suit will carry is the hostility towards setting aside administrative decisions which have formed the bedrock of action affecting third parties on technical faults. However the Oudekraal and Sanral SCA judgments resonate with the fact that the remedy is to timeously challenge unlawful decisions based on a clear statutory framework before a competent court. SANRAL has been put on notice by the service of these papers that the FF+ impugn the conduct of the Minister in issuing the declaration commencing etolling today and they therefore proceed at the own peril.

If the review is upheld and the declaration set aside SANRAL will have to fall on its sword in opposing the urgency of the matter - nothing precluded SANRAL from advancing to the court that the matter is indeed urgent as the uncertainty of suit is a risk and frankly nothing stopped a situation from arising that would have seen the parties in court last week already arguing the matter out on the merits. SANRAL elected to adopt a course which could see them having to reverse charges and refund people money.

 

[Willens-Wetens]

After reading all the derogatory remarks about Judge Mabel Jansen, I did my own research. She has been an advocate for close on 30 years. She won the prize as the best final year student not only in law but for the whole university. She has been an acting judge on an interim basis since 1998 and on 2/12/2013 to a full-time Supreme Court Judge. (here fails no experience and I challenge anybody to disprove me) Totally "inexperienced" according to her critics, she heard her first case on the 3/12/2012. Judge Jansen is one of the brightest legal minds in South Africa and the country should be pleased that she has decided to serve as a judge after all these years being involved in some of the most complicated legal cases. Harley Davidson, Monsanto, BodyShop, Bayer, Pfizer, McDonalds but to name a few. In the McDonalds case Judge Jansen and her team won the ICL prize as the BEST APPEAL TEAM IN THE ENTIRE WORLD!!!!! (Says something about Judge Jansen's legal experience)
She was bound as a single judge, by the OUTA Matter where the Constitutional Court's 11 judges upheld that payment of Toll fees does not allow a judge to grant an interim interdict. Furthermore to get an interim interdict one must prove there are NO alternative remedies. The Constitutional Court held that the alternative remedy is to sue SANRAIL for damages. Had Judge Jansen granted an interim interdict she would have been a complete idiot.
On the SASLII web-sight is the OUTA judgement by which Judge Jansen was bound. Judge Jansen was astute enough to strike the matter from the role to give the Applicant a second bite at the cherry. Now the Applicant can bring a well prepared case.
The off the cuff subjective, ill-informed, unfound comments (without even consulting Judge Google for 5 minutes) about and experienced judge is preposterous. Who is actually ill-informed Judge Jansen or her critics?