E-tolling battle to start anew
A NOTHER bruising battle lies ahead between the government, Cosatu, the ANC Youth League and opposition parties following the Constitutional Court’s decision to set aside the interdict freezing progress in Gauteng’s e-toll project. The interim order had put on hold Gauteng’s plans to toll freeways.
Deputy Chief Justice Dikgang Moseneke found that the Pretoria High Court had not considered the separation of powers between the court and the executive. He said the separation of powers was vital to SA’s constitutional democracy.
Courts should refrain from doing this unless they did so in a constitutional way and in exceptional circumstances. The national executive was responsible for public resources and, “absent of fraud or corruption”, had the power and prerogative to implement and finance projects, with the approval of Parliament.
Unpopular
While the Transport Department welcomed the ruling, opposition parties and civil rights bodies were outraged.
Cosatu remained opposed to the e-toll system, its general secretary, Zwelinzima Vavi, said. The ruling should not be interpreted by the government as meaning that e-tolling was now legitimate.
“It would be a huge mistake if the government was to steam ahead… and implement the extremely unpopular decision,” Vavi said.
The Automobile Association said the ruling showed “little consideration” for the serious impact tolling would have on the consumer, who was financially stretched.
Howard Dembovsky, of the Justice Project, said the ruling meant the SA National Roads Agency Ltd and Department of Transport were legally entitled to begin e-tolling Gauteng’s roads as soon as they could.
The government could do so before a review of the controversial project has been completed – but not without facing strong opposition.
David Unterhalter, SC, for Sanral, argued in the Concourt last month that the system was lawful and could be implemented in two weeks if given the go-ahead.
The judgment said: “Subject to proclaiming toll fees, the electronic tolling system is just about ready for immediate implementation.”
Dembovsky said: “If [the e-tolls are] not a reality in two weeks, I will be asking why Unterhalter lied in court.”
The outstanding issues of toll fees, enforcement and exemptions, details of which had not been gazetted, would be a matter of the Minister of Transport signing them off, Dembovsky said.
The KwaZulu-Natal Transport Department has assured motorists they are not next in line for e-tolling, and it would “vehemently oppose” any such proposal. As it was, the province’s highways were “overtolled”, department spokesman Kwanele Ncalane said.
“The decision of the Constitutional Court, the highest in the land, ought to be respected… [However] there is no indication that e-tolling may be coming to KZN soon, or at any point,” Ncalane said.
“Through the MEC [Willies Mchunu] and the portfolio committee, we have made presentations to Parliament, saying that KZN is over-tolled. We don’t think there is a need for e-tolling… here… We would be vehemently opposed to it.”
In March, thousands of people took to the streets of Durban, Richards Bay, and Newcastle, supporting Cosatu’s nationwide protest against e-tolling and labour broking.
Road users were not obliged to buy e-tags, but would be charged R1.75/km, rather than the standard tariff of 30c/km for registered users. Unregistered users would be recognised by their licence plate numbers, and invoiced.
Payments would be made by having the fees deducted from credit card accounts, or by prepaying and topping up the etags. Visitors to Gauteng could register in advance for a day pass.