Share

Reasons for e-toll halt vague - lawyer

Johannesburg - Reasons given by the High Court in Pretoria for granting an interim interdict against e-tolling were vague and unclear, the Constitutional Court heard on Wednesday.

National Treasury lawyer Jeremy Gauntlett said High Court Judge Bill Prinsloo did not provide adequate reasons for his decision to grant the interdict.

"With respect, what he does... is tick the individual interdict boxes, and to say each time that it (the reason) is there."

He said it was difficult for the parties to determine how he had come to his conclusions.

"It is the beginning of vagueness."

The interdict by the High Court in Pretoria, brought by the Opposition to Urban Tolling Alliance (Outa), was granted on April 28.

It instructed that a full review needed to be carried out before electronic tolling of Gauteng's highways could be put into effect.

The SA National Roads Agency Ltd (Sanral) and National Treasury are appealing against the court order.

Gauntlett argued on Wednesday there was a lack of concern about the financial implications of the interdict in Outa's founding affidavit. He said it predicted harm, and that the harm would fall solely on Sanral, but nothing was further analysed.

"It leaves out, spectacularly, public interest."

Gauntlett said it was wholly unrealistic to grant an interdict against the project when it was ready to begin.

"I know it's all been built. What this fight about is how it is (to be) paid (for)."

He likened this to having built a stadium and reviewing it based merely on how its turnstiles functioned.

Gauntlett said the interdict, by acknowledging that the government had decided to take-on Sanral's debts, would unfairly affect the entire country's economy.

"Government ends up robbing Peter to pay Paul. Where Paul are road users who have claimed this wonderful world-class transport facility, and Peter are the people in other provinces."

Deputy Chief Justice Dikgang Moseneke asked why, if the government was so opposed to the interdict, would it agree to so many postponements.

Gauntlett said one of the four postponements was for technical reasons, while the others were about public concerns.

He said the court, through acknowledging the idea of the separation of powers, should grant the appeal.

"Therefore we ask for the application to be allowed and for the appeal to be upheld," Gauntlett said, closing his argument.


*Follow Fin24 on Twitter, Facebook and Google+.

 
We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
18.89
+0.2%
Rand - Pound
23.87
+0.1%
Rand - Euro
20.39
+0.2%
Rand - Aus dollar
12.32
+0.1%
Rand - Yen
0.12
+0.1%
Platinum
908.05
0.0%
Palladium
1,014.94
0.0%
Gold
2,232.75
-0.0%
Silver
24.95
-0.1%
Brent Crude
87.00
+1.8%
Top 40
68,346
0.0%
All Share
74,536
0.0%
Resource 10
57,251
0.0%
Industrial 25
103,936
0.0%
Financial 15
16,502
0.0%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders