Disappointed Outa to study e-toll judgment

Johannesburg - The Opposition to Urban Tolling Alliance (Outa) is studying the Supreme Court of Appeal's (SCA's) judgment dismissing its challenge to e-tolls.

"Outa and its legal representatives are studying the judgment," Outa chairperson Wayne Duvenage said after the judgment on Wednesday.

He expressed his disappointed at the outcome on the merits. However, he was pleased with the SCA's decision on the costs order.

Earlier, Judge Fritz Brand refused the appeal against plans by the SA National Roads Agency (Sanral) to introduce e-tolls, and no order for costs was made.

However, the judge said the order granted by the High Court in Pretoria directing the appellants to pay the respondents' costs was set aside and replaced by an order that there be no order for costs.

The high court granted Outa leave to appeal against a previous judgment it handed down.

Outa argued, on appeal in the lower court, it had misinterpreted a section of the Sanral Act on public consultation to reach its ruling that e-tolling could proceed.

Last year, the high court ruled that e-tolling could proceed because the Gauteng Freeway Improvement Project had been lawfully instituted.

Outa is a civic action group of business associations and individuals formed in March 2012 to challenge Sanral's decision to implement e-tolling of the recently upgraded freeway network in Gauteng.

Outa believes e-tolling was illegal and unreasonable.