Johannesburg - The Constitutional Court set aside an interim
order that put on hold a plan to toll highways in Gauteng, in a judgment on Thursday.
"The interim order granted by the high court on 28
April, 2012, is set aside," said Deputy Chief Justice Dikgang Moseneke.
This was because the high court had not considered the
separation of powers between the court and the executive.
The High Court in Pretoria granted the Opposition to Urban
Tolling Alliance (Outa) an interdict on April 28, ruling that a full review
needed to be carried out before electronic tolling of Gauteng's highways could
be put into effect.
The interdict prevented the SA National Roads Agency Limited
(Sanral) from levying or collecting e-tolls pending the outcome of a judicial
review.
Sanral and National Treasury appealed the court order.
Sanral argued that delays in the project, due to the court's
order, prevented it from paying off debts incurred in building gantries.
A massive public outcry about the tolls was supported by the
Congress of SA Trade Unions, which said toll fees on a heavily-used commuter
route would financially cripple the public.
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