Fin24

E-toll case goes to ConCourt

2012-05-23 08:10

Johannesburg - Several parties, including government, have launched a Constitutional Court appeal against an interdict temporarily halting the e-toll project, Outa said on Wednesday.

"We can confirm that we received affidavits for the Constitutional Court, and we are currently looking at them," Opposition to Urban Tolling Alliance spokesperson Wayne Duvenhage said.

He said the government's affidavit dealt with the economic impact of the interdict.

"Their (government's) argument is based around its right to introduce policy that it deems appropriate. If they can't do that, then they say it could damage the country's economy.

"We are arguing that it is not the court interdict that is the issue, it is about the poor decisions around e-tolling. Government cannot introduce policies that are oppressive on the country's people. Policies need to be reasonable," he said.

The High Court in Pretoria halted the e-toll project in Gauteng on April 28, preventing the SA National Roads Agency Ltd (Sanral) from levying or collecting e-tolls pending the outcome of a judicial review.

Sanral CEO Nazir Alli resigned on May 7.

 

Comments
  • Dianne - 2012-05-23 08:23

    So the ANC government is determined to get their way and so stuff their pockets with our hard earned money! Pathetic.

      Alan - 2012-05-23 08:42

      I dont care - I am not paying no matter what! This is ust the Govt. trying to save face again at the expense of the Taxpayers. I say carry on Govt.... you are becoming the most arrogant Govt. in Africa. Even old Bob looks like the toothfairy compared to this lot.

      Alan - 2012-05-23 08:58

      The ANC government have alrady 'damaged the country's economy'. And their pride has taken a real knock with the e-toll saga. Before, it was: "We've got the numbers, we can do what we like." And so, the ANC barged arrogantly ahead without proper consultation. Now they've come up short, and are trying to patch up their reputation. It's not about road improvement - most of the toll money will be swallowed up in collection costs. It's now time for a decent government in SA.

      AnthonyfromAfrica - 2012-05-23 09:26

      BUT, Why was there NO outcry when the government was spending , ONE HUNDRED BILLION RAND on the 2010 SWC ?????? The few that did, were called TRAITORS !!!!! Now, the party is over, we have; Billion rand useless stadiums scattered around our country. A white elephant King Chaka Airport in Durban. And tollroads no one wants to pay for. This 2010 SWC insanity, has to be paid by some one, and WE are going to pay for it!!

  • Marius - 2012-05-23 08:32

    Sad thing is....they might just succeed.

      Alan - 2012-05-23 08:43

      never going to happen unless there is "political interference' on the judiciary

      Nosiphom - 2012-05-23 08:48

      Alan, political interference happened a few months ago - Mogoe Mogoe for chief justice!

  • Barry - 2012-05-23 08:34

    Haha, I think this one will blow up in the ANC's face. The constitution is in place to protect the people from the government, not to enable the government to exploit its people.

      Nosiphom - 2012-05-23 08:52

      That was before the new chief justice was appointed! Remember that was the strategy: 1) Appoint someone who has clear instructions on who to listen to. 2) Intimidate the rest of the judges by telling them they are not elected representatives and therefore should not act like an oppositions. 3) Review the powers of the judiciary and use transformation as the smoke screen. The fact is the governement has a bad success rate in the courts and I wonder why they even ever attempt to got there. The executive is so arragant and they probable do not even listed to their own legal advisers - or maybe the legal advisers have given upon advising they only take instructions and the money!

  • mnbain - 2012-05-23 08:57

    I thought the constitution was about the rights of the people, not the rights of government to screw said people?

  • Loo - 2012-05-23 09:16

    "then they say it could damage the country's economy. " The economy of this country is dependant on its citizens directly and indirectly. So making the citizens does not make sense. AND no one said we should not pay for the roads. We said, DO IT IN A DIFFERENT way. Put a Levy on Petrol purchased in GAUTENG for GAUTENG roads. You already have the structures in place for levy collection on fuel. By doing this 75% WONT go out of the country for admin as with the current system. You will retain 100% revenue meaning the levy can be small and you will pay off the debt in a lesser time. WHY is this so difficult to understand ???????

  • felix.feline.3 - 2012-05-23 09:21

    Notice the lack of attention this article is receiving thanks to the spear distraction.

      Loo - 2012-05-23 10:11

      Heheh .. true .. the country now has a spear to erect

      AnthonyfromAfrica - 2012-05-23 11:48

      we are also taking a 'stand' against this!

  • ian.d.samson - 2012-05-23 13:12

    But the Minister of Finance says the court unlawfully interfered with a Government matter. Since when is the Government above the law? The Judiciary is the highest LAW in the land, and ABOVE government. Should the Judiciary decide the e-tolling is unfair, then it's unfair, irrespective of what the ANC thinks or what Government says to the contrary. The ConCourt will probably uphold the Gauteng High Court ruling and declare the entire e-tolling idea null and void, and that's a decision the Minister of Finance will have to accept. The government cannot overturn such a decision.

      Adam - 2012-05-25 15:54

      Excuse me if I am wrong, but isnt sanral a company. I really did not think it was a government department.

      madmcmax - 2012-05-30 12:43

      Adam, It's an NGO, 100% owned by the Government.

      madmcmax - 2012-05-30 12:43

      Adam, It's an NGO, 100% owned by the Government.

      madmcmax - 2012-05-30 12:51

      Adam, It's an NGO, 100% owned by the Government.

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