Johannesburg - Gauteng motorists will hear on Thursday
whether e-tolling will go ahead, when the Constitutional Court decides whether
to overturn an interim interdict preventing e-tolling.
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
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.
National Treasury lawyer Jeremy Gauntlett said High Court
Judge Bill Prinsloo did not provide adequate reasons for his decision to grant
Outa's lawyer Alistair Franklin argued that Sanral's choice
of e-tolling as a method of funding caused it more damage than the court order.
He said the interdict was not the cause of "irreparable
harm" to the road agency.
It rather suffered "self-imposed" harm by not
looking at alternative funding models, Franklin said.
Sanral lawyer David Unterhalter SC said the costs of
collection for e-tolling should have been examined holistically, but that the
rate of non-compliance was not a proper reason for a review of the project.
He submitted that there were measures to manage deviance.
Unterhalter admitted that there were mistakes and faults
with the system, but said it was ready to be introduced.
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