Dear Petioner,
This is my last message for the year. I wish to provide information on the road ahead with regard to the e-toll matter.
1. The FF Plus will together with the Transvaal Agricultural Union of South Africa (TAU-SA) and the National Taxpayers Union (NTU) as the Tollgate Action Group (TAG) continue the court case to declare the E-Toll Act unconstitutional. We will now place the matter on the ordinary court roll for hearing next year. Our court case of 2 December 2013 was unfortunately not successful, as according to the court, we could not show urgency to have the matter heard before the e-toll system switched on. As a result our arguments on the merits were not heard. Although we were of firm belief that it was indeed urgent to stop the e-toll system before switch-on, the judge found it was not the case. She, amongst others, based her finding on the Constitutional Court case between government and OUTA that found that road users can claim their e-toll payments back by court order if a court should ever order the e-toll system to switch off.
2. We believe that by placing the matter on the ordinary court roll we will not as easily be prone to technical points that could be raised and will thus allow a hearing on the merits of the matter. The effect of a successful court application will be that the e-toll system will have to switch off and all payments made can be repaid. It is, however, also of importance to note that this court case deals with a significant constitutional principle. The FF Plus had in parliament maintained from the outset that the E-Toll Bill was incorrectly classified or tagged. It is of the utmost importance to classify a Bill correctly as the incorrect classification will exclude a substantial group of constituents from the legislative process, as transpired in this case. If the E-Toll Bill was classified correctly the provinces and its citizens would also have had an opportunity to participate by way of a public submission process, which did not take place. As a result we submitted a request for reclassification of the Bill to the Parliamentary Portfolio Committee on Transport, without success, later another one to the Speaker of Parliament also without success, and lastly one to the President, without success. As a result we are going to court on principle to ensure that the constitutional norms of democratic participation are applied consistently. We cannot allow the ANC to undermine the Constitution.
3. We, therefore, provide the following advice to road users that drive on the tolled roads:
3.1 In the event that you do not want to pay for the road use and is prosecuted as a result, TAG is willing to defend you on the basis of the unconstitutionality of the E-Toll Act. Kindly contact us at
[email protected];
3.2 In the event that you do make payments to SANRAL, we will claim the money back on your behalf by way of a class action suit once the E-Toll Act has been declared unconstitutional.
4. In the meantime we also provide the following advice:
4.1 Remember that e-tags are not legally required. No one can force you to use an e-tag.
4.2 Any law enforcement official that stops you and asks you to show an e-tag acts in breach of the law. Take the official's name and report this to us at
[email protected].
We will talk again in the new year. In the meantime drive safely and be patient towards other drivers.
I wish you and your loved ones a very blessed Christmas.
Blessings
Adv. Anton Alberts
FF+