Fin24

Tolling could begin soon

2012-09-20 17:16

Johannesburg - E-tolling could possibly begin in a month's time, legal counsel for the Opposition to Urban Tolling Alliance (Outa) said on Thursday.

"They can immediately start... or when they are ready... it may take a month," said Pieter Conradie in Johannesburg.

He explained that the Constitutional Court's ruling - to overturn an interim order giving government the green light to toll Gauteng motorists - meant tolling could even start immediately.

Outa chairman Wayne Duvenage said the public was not taken into account and that the costs to the people were too high.

"Outa is concerned that the voices of Gauteng road users have not been heard," he told reporters.

Proper processes were not followed, and people were still in the dark about how the system would operate.

Duvenage said revised tariffs and regulations needed to be published, and how payments would be undertaken was not clear.

Earlier, the Constitutional Court overturned an interim order, which had put a hold on the e-tolling project.

It ruled that the High Court in Pretoria had not considered the separation of powers between the high court and executive.

Reading the judgement, Deputy Chief Justice Dikgang Moseneke said the separation of powers was a vital tenet of South Africa's constitutional democracy.

"Courts must refrain from entering the exclusive terrain of the executive and legislative branches of government, unless the intrusion is mandated by the Constitution," he explained.

Courts should only grant an interim interdict preventing the national executive from exercising its statutory power in exceptional circumstances, and when a strong case is made out for the relief sought.

Courts must ask whether it is constitutionally appropriate to grant an interdict whose effect would be to encroach upon the exclusive domain of another sphere of government.

He said the duty of determining how public resources are to be drawn upon and re-ordered lies "in the heartland" of the executive government function and domain.

In April, the High Court granted Outa the interdict, ruling that a full review needed to be carried out before electronic tolling 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 the review.

Sanral and National Treasury appealed the court order, and said delays prevented the payment of the R21bn incurred building gantries.

The Congress of SA Trade Unions (Cosatu) was adamant that there would be no e-tolling.

"We are going to resist it with every power we have," Cosatu general secretary Zwelinzima Vavi told reporters on the sidelines of Cosatu's 11th national congress in Midrand.

"In our view, it would be a huge mistake by government if it was to steam ahead on the basis of the Constitutional Court judgement and implement what we all know is an extremely unpopular policy decision," Vavi said.

A programme of action would be announced at Cosatu's conference later.

The Constitutional Court declined the Democratic Alliance and Road Freight Association's applications as friends of the court.

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Comments
  • vernon.samuel.7 - 2012-09-20 17:31

    My president stated quite categorically that the minority do not matter. Only the majority has a say. So let's ask the gauteng motorists whether they are willing to pay tolls and go with the majority decision.

      lownabester - 2012-09-20 17:50

      My president states quite categorically whatewer his audience would like to hear.

      Rabbler.Rouser - 2012-09-20 17:51

      The majority will definitely pay. It will be in the form of indirect costs. Everything that gets transported will now attract an additional cost component called eTolls. And who pays for that? The consumer of course. The majority are all consumers. Just watch their food prices rising.

      jack.blacking.56 - 2012-09-20 17:55

      Agreed, i say it's time we show the Government, show the Government how much of an impact the so called minority can put on their taxes that support the majority. It's time to take a stand!! No more shall we be made to pay for government failures. VIVA THAT!!

      squeegee.pilot - 2012-09-20 18:01

      Get ready Cape Town, Bloem, Durbs. Your leaders need your moola.

      oscar.pretorius.52 - 2012-09-20 18:57

      @elewies my biggest worry as well. Are we just suppose to trust these people with our bank accounts? Do they think we were born yesterday? I wonder how long it will take for money to 'mysteriously' start disappearing from peoples accounts

      tw2066 - 2012-09-21 05:48

      Zumas agent Moseneke is starting to pay the ANC back I see.

  • Shaun - 2012-09-20 17:48

    i think its time we put a stop to this e-toll once and for all.

      tw2066 - 2012-09-21 05:49

      Put a stop the ANC, the rest of the good things will follow naturally.

  • Gatvol Griet - 2012-09-20 17:54

    Hooray! Now everybody has a reason to take up traditional weapons and fight E Toll! Because of BEE I earn half the wage of a rockdriller, owe a fortune and will be hunted down by debt collectors if I dared open an account. BUT this BANANA REPUBLIC GOVERNMENT WANTS TO FORCE ME INTO DEBT.

  • glen.e.huysamer - 2012-09-20 17:54

    It is because of this kind of sh*t that the miners should have asked for R20 000 rand a month.

      oscar.pretorius.52 - 2012-09-20 19:04

      Most miners don't own cars and most miners never set foot in Gauteng. Your statement is bad and you should feel bad

  • johan.harlaar.9 - 2012-09-20 17:55

    what Moseneke really says that the high Court is just another government department that needs can not rule within another governments department's territory. And of course it also needs to do what it's executive tells them to. Sad case of democracy..

      denise.herbst.5 - 2012-09-20 19:02

      It is not a democracy - it is an Ineptocracy!

  • 1amAlan - 2012-09-20 17:56

    21bn to build gantries? Are they frikkin serious? Not roads?

      malcolm.j.patterson.1 - 2012-09-20 18:09

      Exactly what I thought why not leave the gantries out and the saving would have paid for the UPGRADE of existing roads

  • antjie.vanstraaten - 2012-09-20 17:57

    I can smell the rotting flesh of the current government officials dangling from the e-toll structures already. The revolution has started.

  • osmaseko - 2012-09-20 18:06

    Fellow South Africans please be careful if you want to toy toy for e-tolls you will be charged with illegal gathering...dont forget as well that the dictator President has deployed soldiers so we might have more deaths than at Marikana...and this time it will be all across the races as the ANCYL wants.

  • paul.john.790256 - 2012-09-20 18:09

    Constitutional court should have stayed out of this one. Now they look like lap dogs of the government. The same people that voted the government into power is saying no to e-tolls and yet government refuses to listen. Why not have a referendum

      keith.staniford - 2012-09-20 18:43

      Look like? they are lapdogs of the government1

  • riaan.w.vanwyk - 2012-09-20 18:12

    I say we all just continue driving the roads and just don't pay.. What will they do? Arrest everyone?

      rofhiwa.ronald.1 - 2012-09-20 18:46

      Arest one arest all

      mpho.musehana - 2012-09-20 19:24

      Amen to that...lets use the highways and ignore the tollgates...

  • natasja.jacobs.353 - 2012-09-20 18:15

    The sad news is a 'bill' was passed so if we don't pay they can blacklist us and take our house/car as collateral - they just need to make an example of a few and we will be forced to pay. So we must end up paying for a highway that was always there and that we have already paid for because the fact is they only added one extra lane. So we going to pay for setting up of the tolls gates and one added lane. What will we pay for next?

      ndanduleni.makatu - 2012-09-20 21:05

      The e-tolling is a Global issue and if is approved in other countries except in England where they are still discussing it in parliament and obviously S.A has to follow suit, so look at the root of the problem which is the Fund donor of the projects and that is IMF believe u me. THE NEW WORLD ORDER THE CHILD IS BORN by "Curtis Mayfield".

  • bob.jaan.9 - 2012-09-20 18:28

    is this how SANRAL going to treat their future customer's http://www.facebook.com/photo.php?fbid=481289938562542&set=a.161713713853501.38753.161706480520891&type=1&theater

  • gemmaleigh.evans.3 - 2012-09-20 18:36

    Begin dit nou weer...ai ai ai...

  • trevor.leon.5 - 2012-09-20 18:36

    ummm,add a few cents to the fuel price,voila!! money collected at the pumps!!!! no 21 billion construction costs and no money going offshore!!!

  • Zahir - 2012-09-20 18:38

    The anc govt is always coming up with new ways to take our hard earned money it is now time to boycott tolls do what u need to but don't pay them the toll system will fail

  • larry.piggott1 - 2012-09-20 18:38

    I for one am not paying. I refuse to have an E tag, or give details of my Bank account. No way. Not only for the risk of having my account cleaned out by these bandits, but mainly because I refuse to pay for a Road that has been paid for may times over, in the past 20 years. Its just another ANC money making scam.

      pisciotta - 2012-09-21 09:27

      Can't you setup a separate account just for this purpose? In the USA I have 8 bank accounts all for individual direct debit to various vendors and government offices.

      pisciotta - 2012-09-21 09:30

      If your worried (and I think you should be), why not setup a separate bank account for this purpose and transfer money into it as needed? If they screw it up (and I bet they will) you'll be out only a smaller amount.

  • richard.m.morema - 2012-09-20 18:40

    I still repeat my words again, this Goverment of today especially the Zuma Goverment is causing Chaos in this Country, whatever decision he take it serves the interest of his family only. Thats what Malema said. They always talk about apartheid everywhere when they given chance to talk, they don't seem to know what they talking about. while are the once who take us back to apartheid. we are going to eat one another in this country watch the space.

      riaan.w.vanwyk - 2012-09-20 18:43

      Start by eating the fat cats in government, they will make a better meal.

  • John Badenhorst - 2012-09-20 18:55

    This just proves that the Constitutional Court will dance to the command of the cANCer government. They are raping the country and its people just like Bob has done in Zimbabwe....If all citizens stand together...then what will sanral end up doing??? i say screw them, i WILL not give my bank details to a bunch of idiots!!!

  • Israel Mutlanyana - 2012-09-20 18:56

    This Government is to experience the Biggest UPSET in it's Rule.

      riaan.w.vanwyk - 2012-09-20 19:43

      Marikana is going to look like a walk in the park in comparison..

  • bbooyse - 2012-09-20 19:00

    Guess again.........

  • ajgreis - 2012-09-20 19:14

    If I am not going to use highways I do not to have to pay e tooling.

  • ndanduleni.makatu - 2012-09-20 19:15

    Foreign investors they need their money is time to pay and the petrol price is also going to increase again soon Reserve Bank said, Reserve Bank owns National Treasury and Reserve Bank is owned by your Foreign Investors connects the dots.

  • ndanduleni.makatu - 2012-09-20 19:26

    This is another way of testing Zuma's capability of being a Presedent, poor Zuma they want to deepen the situation of being elected again.

  • les.cunningham1 - 2012-09-20 19:32

    They are not ready, and never will be. The entire country is up in arms about the issue, but the government will not hear the people.

  • carol.paterson.923 - 2012-09-20 19:50

    We need to blow up the e-toll gantries. I am sure it's just a metter of time before someone does this. I have noticed how bad the back roads are and I think the government is keeping them in a bad state so that we are forced to use the toll roads. In a months time when it goes into operation, we must block the on/off ramps or have a sit in under the gantries.

  • herman.kramer.988 - 2012-09-20 19:57

    It's simple, don't buy a 'E toll tag' What can they do? take all the motorist to court?

  • Theuns Jacobs - 2012-09-20 21:20

    go vavi, go...make the roads un-governable..!!

  • william.hall.12979 - 2012-09-20 23:33

    Bring on the user pay principle ANC! I just DEMAND the following: A rebate on the fuel levy for the kms driven on the privatised road, and competing firms must be allowed to also privatise other stretches of road. Otherwise we take SANRAL to the competition commission and accuse them of abusing their monopoly on the road! Add a hefty fine like telkoms to their funding headache! Scrap my income tax, property tax, dividend tax, sin tax, gambling tax, tax levied on electricity... and all the other non-ringfenced government funding mechanisms that do not fund a service directly. I already pay for private medical aid, private security, private education etc. as what is supplied by government is just plain sub standard. Privatise the police, the hospitals, schools, and lets run the country like a business! If I do not use government services, then I also dont want to pay for their salaries and overseas trips. If I do, however find myself wanting / needing to use a government service, then I will pay an appropriate levy... sounds brilliant. Oh wait... what about all the poor people who then cannot afford to pay the government for services that are currently cross subsidised by me? meh, like the government cares about them anyway? At least the queues will be shorter and traffic lighter! Wake up ANC! The user pay principle will not work and will lead to many unanticipated behavioural changes! You have not done your homework and this is gonna backfire big time.

  • arthur.salvado - 2012-09-21 08:12

    Wow, the government thinks that by making an example of a few people, the rest will run scared and pay up. Got news for these autocratic ignorants you have a huge fight on your hands. It will make the mining strikes look like Disney land. Watch this space.

  • pisciotta - 2012-09-21 09:25

    An increase in e-Tolling is on the table in parts of the USA. This is because newer cars achieve greater fuel economy. Less petrol sold means less local and Federal government tax. The cost of maintaining roads remains the same. Paying the price will either be by tax or e-Tolling. There is one better solution however - hire good workers. In the USA one can see 6 men working to repair a pot-hole. One has a shovel filling in the holes the other 5 stand by and watch.

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