E-tolls unconstitutional?

Judgement is expected to be handed down in the Western Cape High Court on Thursday as to whether the e-tolling legislation was unconstitutional and invalid.

Last week Wednesday, judgement was postponed by Judge Owen Rogers. He said he needed time to deliberate on arguments around the tagging of the Transport Laws and Related Matters Amendment Act.

The Democratic Alliance approached the court to have the amendments declared unconstitutional and invalid because they had not been passed according to what it deemed to be proper procedure, which would be with input from the provinces.

The bill was tagged as a section 75 bill — an ordinary bill not affecting provinces — rather than a section 76 bill, which does affect provinces.

The respondents in the application are President Jacob Zuma, National Assembly Speaker Max Sisulu, National Council of Provinces chairman Mninwa Mahlangu, Transport Minister Dipuo Peters, the SA National Roads Agency Limited (Sanral), and the National Treasury.

More on e-toll

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Provinces must insist on e-toll legislation debate: OUTA

“Unconstitutional” e-toll bill argument heard in Cape court

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E-tolls unconstitutional?