E-tolling could start within weeks
Despite inter-ministerial government meetings, led by Deputy-President Kgalema Motlanthe, and renewed opposition from the Congress of South African Trade Unions (COSATU), it seems that Gauteng motorists will be paying tolls within the next few weeks.
On April 28, Judge Bill Prinsloo granted an interim interdict against the implementation of e-tolling in favour of the Opposition to Urban Tolling Alliance (OUTA) and other applicants. This was set aside on Thursday by a unanimous bench from the Constitutional Court (ConCourt) because the High Court did not consider the separation of powers between the court and the executive.
Deputy Chief Justice Dikgang Moseneke read the judgment stating that the national executive was responsible for public resources and “absent of fraud or corruption” had the power and prerogative to implement and finance projects, with the approval of Parliament.
Following Thursday’s judgment, government released a statement welcoming the ruling. “The ruling reaffirms government’s conviction that the North Pretoria High Court had erred in its judgement which interferes with policy making, a responsibility of the Executive. Government respects the right of any member of the public to approach the courts to review its decisions and operations within the country’s legal framework.
“Government remains convinced about the appropriateness of the Gauteng Freeway Improvement Project, with the user-pay principle, as part of our country’s investment in road infrastructure and our collective drive to grow the economy,” the statement reads. Government will study the judgment and make an announcement on the way forward soon.
When the case was put before the ConCourt in August, Advocate Jeremy Gauntlett SC, on behalf of National Treasury, told the judges that “on paper” e-tolling was ready to go and that it would simply take a couple of weeks to put up the latest tariffs before the system could kick off.
A media liaison for the South African National Roads Agency (Sanral) told Moneyweb that a statement on the status of e-tolling would be released later in the day.
Reaction and repercussions
Zwelinzima Vavi
The judgment could have an impact on the full review that is set for later this year as it seems as if OUTA and other opponents will now have to prove fraud or corruption in the system if the ConCourt judgment is taken as precedent.
According to a SAPA report, Cosatu general secretary Zwelinzima Vavi said that the trade union confederation would resist the introduction of e-tolling “with every power we have. COSATU remains absolutely determined to oppose the e-tolls at the street level. The mobilisation is not over,” he said.
In a statement, the CEO of the South African Chamber of Commerce and Industry (SACCI) Neren Rau said that chamber acknowledges the decision.
“South Africa is a constitutional state where the court has to balance the rights of service providers and end road-users. This does not mean that negotiations and the interaction between SANRAL and the South African business community will end suddenly; the policy design on large infrastructure is a dynamic and ongoing process,” he said.
OUTA will hold a press conference later on Thursday.
Source: Moneyweb
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