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Johannesburg - Final arguments over the implementation of
electronic tolling in Gauteng are expected to be heard in the High Court in
Pretoria on Wednesday.
On Tuesday, the court heard that the public outcry against
the tolling of the province’s highways was related to the tariffs, not the
system itself.
Vincent Maleka, for the transport department, said the SA
National Roads Agency Ltd’s (Sanral) notice of intention to toll roads had
received the transport minister’s approval.
He was responding to argument submitted by Opposition to
Urban Tolling Alliance (Outa) lawyer Mike Maritz on Monday, that the
implementation of tolls was unlawful and that Sanral’s initial notice to toll
roads in Gauteng was “sterile” and “misleading“.
He said the transport
minister consulted the public and considered the cost of e-tolling when he
approved the upgrade to Gauteng’s highways.
David Unterhalter, for Sanral, argued that all relevant civil
society organisations representing Gauteng motorists knew about e-tolling and
the user-pay principle when the project started in 2008, but did nothing until
the tariffs were announced in 2011.
In September, the Constitutional Court overturned an interim
order which had put a hold on the e-tolling project.
The Constitutional Court found the High Court in Pretoria
had not considered the separation of powers between the high court and the
executive.
The High Court ruled on April 28 that a full review needed
to be carried out before e-tolling could be implemented.
Sanral and the National Treasury appealed against the court order, and said delays prevented the payment of the R21bn incurred in building the system.
