Lawyer: Dismiss e-toll application

2012-11-27 17:04

Pretoria - The application to scratch the implementation of e-tolling in Gauteng should be dismissed and has no foundation, the High Court in Pretoria heard on Tuesday.

"There is no basis for the condemnation to be granted," SA National Roads Agency Limited (Sanral) lawyer David Unterhalter said.

"The application has no foundation and it should simply be dismissed."

Unterhalter told the court the application was an "enormous cost" to Sanral.

In September, the Constitutional Court overturned an interim order which put a hold on the Gauteng 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.

On April 28, the high court granted the interdict to the Opposition to Urban Tolling Alliance (Outa), ruling that a full review needed to be carried out before electronic tolling could be put into effect.

The interdict prevented Sanral from levying or collecting e-tolls pending the outcome of the review.

Unterhalter argued Outa should pay legal costs if the application failed.

"If they fail, they must suffer the consequences. They chose to engage in this," he told the court.

Earlier, Unterhalter 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.

He said e-tolling was inevitable because the upgrades to Gauteng's highways had been completed, at a huge risk to Sanral.

"Tolling can't be undone. People drive on the upgraded roads every day. We are going to fund it through tolls. It has been decided."

Sanral and the Treasury had said the delays in implementing e-tolls had prevented the payment of R21 billion incurred in building gantries.

  • george.larkins.14 - 2012-11-27 17:36

    Let Zuma finance it.It seems that he can get cheap finance.A bond of R 900 000 to finance R 250 million.

      elgh.elgh - 2012-11-27 18:04

      Ask your buddies in government to give back all the billions that they have stolen. Use this to pay off the debt YOU incurred not us.

      saintbruce.bruce - 2012-11-27 19:10

      I, Mr Unterhalter, an ordinary Citizen have asked OUTA to represent me in this matter as it is of Public Concern for every taxpayer and road user in this country to put a stop to the rot in Government. Therefore this matter is not frivolous and your declaration that it is a done deal is not relevant as any project fraught with insider dealing and corruption needs to be investigated to the very root BEFORE one motorist can be billed after satisfaction of fairness is obtained. A Freeway is a road that citizens use without tolls being levied. The Gazette still calls this project a GFIP - Freeway! If it is not free to use then SANRAL have mislead the public and I, on behalf of everyone reading this DEMAND to have full knowledge as to why that is the case! So start talking and stop trying to fudge the right to know [R2K]. It is expensive for SANRAL because you are an expensive lawyer!

  • antjie.vanstraaten - 2012-11-27 17:41

    Mr. Unterhalter is wrong. Sanral is a huge cost on over taxed citizens. Sanral and the government officials should pay the costs in a personal capacity and people should be fired and some should be sent to jail. We do not need any mafia-type tactics in South Africa and especially not from government.

  • mc.segal.5 - 2012-11-27 17:56

    You Can suffer Not me Dont come and push your luck here....

  • Jman Maluleke - 2012-11-27 17:59

    what do you do with the tax collection? you are used to milking people, not this time we will never pay etolls. Futsek x 100

  • george.larkins.14 - 2012-11-27 18:06

    This Lawyer must explain why we have to pay R 71bn for administration of the e-toll system but the total loan for rebuilding the roads was ONLY R 31bn.Corruption,corruption and more corruption.

      lacrimose.wolf - 2012-11-27 19:25

      ..and the actual *cost* for the repairs/upgrade was quoted at R6.5 billion :) Even they'll have to admit that inflation is way worse than we're told

  • makarapakaplan - 2012-11-27 18:20

    SHOW US the proof we knew, you wont push this through, Tsek jou moers!!! I will Neva pay!!!!

  • Jeff Mphutlane - 2012-11-27 18:29

    you talking rubbish ... arrogant bitch

  • janis.moolman - 2012-11-27 18:31

    Laat fnb finansiet jy leen net R900000 en hulle gee jou R250 million.

  • ivan.leon2 - 2012-11-27 18:45

    SANRAL - Please Note - this was advertised as the GFIP - Gauteng FREEWAY Improvement Plan & NOT the GEIP - Gauteng E-Toll Improvement Plan free·way [free-wey] - noun 1. an express highway with no intersections, usually having traffic routed on and off by means of a cloverleaf. 2. a toll-free highway. Source: freeway ['fri??we?] - noun - US 1. (Engineering / Automotive Engineering) another name for expressway 2. (Engineering / Automotive Engineering) a major road that can be used without paying a toll Source: Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

  • ashley.stroebel - 2012-11-27 19:07

    through out the court case...... Cause they dont care about courts..........Only thing they going to listen to anarchy/ chaos...... Burn that mother***** Down!!!!!

  • diewitbaas.seplathand - 2012-11-27 19:09

    I still have a big knobb in my pants, you still can polish it, because I will still not pay your crap. Got that, you plonkeR?

  • louis.duplessis.39 - 2012-11-27 19:20

    South Africans are paying millions of rands extra for toll roads as a group of powerful players reap the spoils of lucrative tenders from the SA Roads Agency (Sanral), while cheaper options are ignored. A court will hear arguments for and against the proposed tolling of Gauteng roads this week. Court papers lodged by the Opposition to Urban Tolling Alliance slam Sanral, saying the Gauteng e-toll plan is "unlawful" and "disproportionately and unjustifiably expensive", while accusing the roads agency of a shameless lack of transparency. This view is supported by a three-month Sunday Times investigationc into the toll industry. It appears to operate under a cloud, with sub-contractors reluctant to criticise economically unsound decisions by Sanral, fearing they will be excluded from further deals worth billions.

      louis.duplessis.39 - 2012-11-27 19:24 Get the full article and see how this is just another corrupt set up of buddies. This one we must fight.

      lacrimose.wolf - 2012-11-27 19:31

      It's even worse than that - most the money will leave the country because the consortium is made up largely of o/seas players whose rape and pillage methods are well known. Govt signed us into penury with this 'deal' knowing full well who they were dealing with. See here or Google gauteng e-toll consortium

  • warren.carne.9 - 2012-11-27 20:03

    The scary thing is even if Zuma flogged Nkandla,the R260mil doesn't even make a dent in this road projects bill,it just shows how wrong this is

  • SarelJBotha - 2012-11-27 20:38

    Underhalter, please show me the original contract where I agreed to this lunacy. Also offer proof that my right under common law as far as free use of roads, has been stripped or that I gave express permission for it to be stripped?

  • phumlanin3 - 2012-11-28 00:43

    F the etolls, sanral

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