"In our view, these are not matters of the court. These are pure socio-economic matters. We believe this thing must be fought on the street where it matters most," he said on Wednesday.
"Even if they win, that would be a temporary matter. We need a final determination that these things must not proceed and we believe that is a political position that must be taken."
He said Cosatu would not be part of the legal action, but would continue with its drive slows and would take this action to another level.
The federation union will have a protest march on Thursday.
Marchers are expected to gather at Cosatu's head office in Braamfontein at 08.30, and leave at 10.30 to deliver memorandums to the labour department, the provincial transport department, the office of the MEC for transport, the Gauteng legislature and the Gauteng premier.
The final leg of the march will be to deliver memorandums to the SA Chamber of Mines, the Johannesburg central police station, the office of the auditor general, and the Hawks.
The cost of the construction of the roads and the 2010 World Cup stadiums was inflated, Dakile said.
"The Hawks and police must do a criminal investigation," he said.
On Thursday, the Democratic Alliance and the Freedom Front Plus announced they would each bring high court applications to fight the constitutionality of the e-toll bill signed by President Jacob Zuma in September.
They argue that e-tolling will affect the competency of provincial government and municipalities by affecting urban planning, public transport, and traffic regulations.