Johannesburg - The DA has applied to join a Constitutional
Court case on the Gauteng e-tolling project, the party said on Monday.
"As a political party, the DA has an interest in the
key issue in this case, namely the extent to which courts can and should
exercise their powers to interdict government," Democratic Alliance MP
Jack Bloom said in a statement.
The party had asked to be admitted as an amicus curiae -
friend of the court - to make a "substantive contribution" to the
On Friday, the court will hear arguments by SA National
Roads Agency Limited (Sanral) and Treasury on why it should overturn an interim
interdict that was granted by the high court in Pretoria in April.
interdict halted the e-tolling project until a full review was carried out.
Bloom said the party sent letters to all the parties
involved in the case, including the Opposition to Urban Tolling Alliance
(Outa), which had sought the interdict.
"Outa has not opposed our application, but Sanral and
the National Treasury have indicated their opposition."
Bloom said if the Constitutional Court decided to hear the
appeal, the government would try to restrict its ability to make decisions
against the state on "the most narrow grounds possible".
"If government wins, then expect to see more decisions
like the e-tolls pushed through without proper consultation," he said.
"It is essential that the court's substantive power of
review is preserved... so that government can be challenged if it departs from
rationality and due process in its decision-making," he said.