The Opposition to Urban Tolling Alliance (Outa) has filed its appeal against the North Gauteng High Court's judgement that allowed the commencement of e-tolls, and now awaits a hearing date.
This follows a decision taken earlier this week by Outa that it would proceed with an application to seek leave to appeal Judge Louis Vorster's December verdict that deemed open road tolling in Gauteng legal.
Outa's application covers reasons and grounds for the appeal, based on a decision alliance chairperson Wayne Duvenage says was not taken lightly. "[Our] decision to appeal is conducted on very strong grounds.
"[Outa's] members firmly believe that the grounds and merits of this appeal are very strong and that leaving the judgement unchallenged will set a significantly erroneous precedent, which effectively allows the governing authorities to implement policies of significant impact on society, without the need to conduct meaningful public participation, as is required and enshrined in our constitution."
In what has been a protracted legal battle between Outa and the government bodies responsible for the e-toll project - primarily the SA National Roads Agency (Sanral) and Department of Transport - Outa has maintained that due process was not followed and government misled the public as to its e-toll plans, under the guise of the 2010 Fifa World Cup Tournament.
Misinterpreted
Outa believes South Africans' constitutional rights were marginalised by the High Court, which it says also misinterpreted previous judgements.
"The constitutional interpretation of Section 27 of the Sanral Act requires that Sanral should have given adequate notice to the public of the proposed project and tolls, and that meaningful public participation was required to be undertaken."
Outa says, in Sanral's case, it was not possible to meet all the requirements of a public participation process, "yet the court ruled that Sanral's 'tick-box' opinion of their public engagement process was sufficient and adequate".
The alliance says the judgement also erroneously relied on a minority judgement from the Constitutional Court ruling in September, and thereby "misrepresents and ignores crucial aspects of Outa's case".
Not Mickey Mouse
Duvenage says, according to Outa's legal counsel, this case is unprecedented. "Outa's court action is the largest public supported civil society case in South African history."
Outa has again called on the public - businesses in particular - to stand up and be counted. The alliance currently has a shortfall of R5 million to go through with the upcoming legal process.
Outa's decision to appeal, says the civil society body, is more than just a legal challenge - it is a display and a call for courage.
"It is a call for society to stand fast in defence of their rights against a government that is not putting its people first in this instance. This is not a time to succumb to the pressures and fears of reprisals which may come from taking a rightful stance that challenges against government.
"This is a time for active citizenry, for active corporate participation. Now is the time for civil courage and we call on the public and business in particular to assist Outa by contributing to the high legal costs incurred."
Outa will now wait for the North Gauteng High Court to set a date for the application for leave to appeal to be heard.
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