Government's e-tolling system is going ahead as planned and will be implemented as soon as all processes have been finalised.
This is according to the Department of Transport (DOT) and comes despite news yesterday that the Opposition to Urban Tolling Alliance (Outa) is going to submit its application for leave to appeal the High Court ruling giving open road tolling in Gauteng the green light.
DOT spokesperson Tiyani Rikhotso says Outa's legal challenge against e-tolling is "irrelevant" and that the department is in the final stages of reviewing written applications before it forges on with e-toll implementation. "We have gone through the motions and the court has ruled in our favour, so there is nothing stopping us from implementing e-tolls as it stands."
Relentless fight
Meanwhile, Outa says it will fight to the bitter end over what it says is an unconstitutional, unacceptably expensive and inefficient move by government.
On 13 December, at the conclusion of a protracted legal battle by Outa against e-tolling, North Gauteng High Court judge Louis Vorster ruled against the alliance, stating that government had in fact followed due process and deemed the Gauteng e-tolling project legal.
Outa will submit its application for leave to appeal Vorster's ruling by tomorrow, a move motivated by the pursuit of justice and on the back of a case that alliance chairperson Wayne Duvenage says is now "stronger than ever".
"Outa has previously highlighted its concerns regarding the poor judgment, but is now confident that this judgment will be overturned."
However, says Duvenage, the civil society body is not appealing because it believes it stands a chance, but rather because it sees grounds and merit to appeal. "If we sit back and allow this to happen, it will just breed injustice. It will mean that government can go and build a R100 billion structure using taxpayers' money, without public consultation - and that is wrong."
He says, despite the financial challenges the fight entails, "we can't walk away just because we don't have the money right now for what we feel is a strong constitutional issue".
At all costs
On top of the R10.5 million required for Outa's initial legal fees for last year's Constitutional and High Court appeals, interdict and review - the upcoming appeal will demand about another R1.5 million - leaving the alliance short of about R5 million currently.
In light of this, says Duvenage, Outa is in the process of pursuing "every avenue" that could yield financial support and has appealed to the public and business sector to practise civil courage and support the cause.
"We have to fight the cause and we just have to find the money. This is a higher call than ever before for society - and more so for business - to stand up and be counted. Businesses need to put aside their fears of the government and help us fight for citizens' rights. It is about active citizenry. It is an uphill battle and funding is a paramount part of the challenge we face."
He says fear of government's hammer has been a clear area of concern among businesses, as local corporate entities fear the ramifications of being "anti-government".
"Businesses need not disclose details - and we will never divulge information to the government. [Despite this], it is as if there are concerns that government will find out if they support us."
Duvenage says the e-toll debacle has been taxing, and opposition players want nothing more than to put the matter to bed and get on with their lives and businesses - but the reality is, unless there are those willing to fight, government will get away with injustice.
Details of how to contribute to Outa's legal fees are available on its Web site.
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