LazyLion
King of de Jungle
Don't have a news link for this yet, just an e-mail from the Freedom Front....
The Freedom Front Plus today addressed the parliamentary portfolio committee on Transport with regards to its submission of its amendments to the Transport Laws Amendment Bill, late last year, through which the e-toll system’s implementation in December 2012 was halted.
“During the presentation and following debate, the committee unanimously accepted the FF Plus’ proposal that economic and traffic impact studies which is undertaken by SANRAL with regards to a planned toll road, should also be made available to the public and the Bill was amended to this effect,” Adv. Anton Alberts, FF Plus Parliamentary spokesperson on Transport said. “Furthermore, following the request of the FF Plus, a decision was taken to obtain a legal opinion on, whether the National Credit Act’s application can indeed be excluded by the Amendment Bill and therefore from e-toll transactions, something which the FF Plus strongly questions due to the inherent importance of the credit legislation. For the rest, the FF Plus warned the parliamentary portfolio committee on Transport and SANRAL that certain arrangements in the Amendment Bill, such as the reversed onus, according to which the registered vehicle owner is regarded as a transgressor, could be unconstitutional. Finally the FF Plus argued that the Amendment Bill was wrongly tagged as a Section 75 Bill in terms of the Constitution. The Amendment Bill should rather have been classified as a Section 76 Bill, as the Bill holds implications for provinces and therefore should also have been passed through the National Council of Provinces for their approval. If the Amendment Bill is wrongly classified, the complete act will be declared unconstitutional,” Alberts explained.
The effect of the accepted amendments and further investigations is that the passing of the Amendment Bill, which makes the implementation of the e-toll possible, has once again been delayed. In addition, there is now an opportunity for the FF Plus to address a letter to the President regarding the possible unconstitutionality of the Amendment Bill, due to the reversed onus and the wrong classification. The President previously referred a Bill, i.e. the Intellectual Property Right Laws Amendment Bill, back to Parliament, following a written plea regarding the unconstitutionality of the Bill which was accepted by the President. If the President acts consistently, this Amendment Bill will also be referred back for further amendments and correct classification.