Court documents were served on the respondents the same day
and the case is expected to be heard in the North Gauteng High Court in
Pretoria on April 24, six days before the e-tolling system is due to kick off
on April 30.
The applicants have requested an urgent interdict to stop
the e-tolling system until the decision to implement it can be reviewed. A
review process such as this can take a long time.
The applicants are attempting to have the declaration of
certain roads as toll roads set aside. These roads have been improved and
widened as part of the Gauteng Freeway Improvement Project (GFIP). The
applicants are also asking the court to set aside the environmental approval
for the road improvements.
The application is based on the contention that the South
African National Roads Agency (Sanral) allegedly did not give sufficient notice
of its intention to levy tolls on the roads in question.
A further argument is
that the minister of transport's decision to approve the toll roads was
unreasonable because of the exceptionally high cost of collecting tolls, the
fact that it is “virtually impossible” to enforce collection, and that Sanral’s
application for approval was defective.
In the minister's application the high
cost of collecting tolls was apparently not disclosed; the social impact of the
tolling system and the lack of proper public transport were not taken into
account; and the impression was created that appropriate environmental approval
would be obtained before the tolling system would be implemented, while this
had not been the case.
The applicants argue further that Sanral did not follow the
correct procedure for environmental approval and that the application had been
defective because the levying of tolls had not been declared.
Finally the applicants say that the terms and conditions of
the e-toll contract that road users must enter into with Sanral are unfair in
terms of the Consumer Protection Act.
Wayne Duvenage of the Southern African Vehicle Rental and
Leasing Association (Savrala) told a news conference held by the National Press
Club that if the Gauteng tolling system proceeded, urban freeways across the
country would soon also have tolling systems. The issue therefore affects the
whole country, he said.
Michael Tatalias, chief executive of the SA Tourism Services
Association (Satsa), said efforts to exploit the domestic tourism markets would
be thwarted by the e-tolling system.
He said it would not only restrict travel in Gauteng but
Gauteng residents, who constitute a principal source of domestic tourism, will
cut down on their trips because of the financial burden of the tolls.
Jeff Osborne of the organisation for the Retail Motor
Industry (RMI) said the RMI had joined the alliance because the tolling system
will considerably increase the cost of doing business for its 8 000 dealership
members. These members have around 280 000 employees who will be affected
personally.
The respondents have to indicate by Wednesday whether they
intend opposing the application and lodge their counter-arguments by April 9.
The applicants’ first big hurdle is to persuade the court
that the matter is urgent, in light of the fact that they have known for years that the e-tolling system was coming, one of the parties involved told Sake24.
Should the case not be considered urgent, it would be placed
on the ordinary court roll and motorists will have to pay toll fees.
Applicants and respondents
Applicants
- Opposition to Urban Tolling Alliance (OUTA) and some of its members, namely:
- The Southern African Vehicle Rental and Leasing Association (Savrala);
- The QuadPara Association of SA (Qasa); and
- The South African National Consumers Union (Sancu).
Respondents
- The South African National Roads Agency (Sanral);
- The minister of transport;
- The Gauteng MEC for roads and transport;
- The minister of water & environmental affairs;
- The director general of water & environmental affairs; and
- The National Consumer Commission.
- Sake24
For more business news in Afrikaans, go to Sake24.com.