The Freedom Front Plus (FF Plus) has sent a written appeal to president Jacob Zuma requesting him not to sign the controversial e-toll bill currently on the way to his desk.
The party claims the Transport Laws and Related Matters Amendment Bill (the e-toll Bill), is unconstitutional due to "certain shortcomings".
Anton Alberts, FF Plus Parliamentary spokesperson on transport, says the party has urged Zuma to "rather use his constitutional discretion to send the Amendment Bill back to Parliament".
Constitutional question
He says the basis of the party's argument is that the Bill was classified incorrectly as a Section 75 Bill, which does not affect provinces.
SA's Constitution distinguishes between four categories of Bills, namely Section 74 Bills (Bills amending the Constitution); Section 75 Bills (ordinary Bills not affecting the provinces); Section 76 Bills (ordinary Bills affecting the provinces); and Section 77 Bills (money Bills dealing with appropriations, taxes, levies or duties).
Alberts says it appears the e-toll Bill should actually have been classified as a section 76 Bill, and "in all probability" also classified as a partial section 77 Bill.
"The Constitutional Court had in the past decided that a Bill that had been classified incorrectly is void from the outset.
"The FF Plus believes that if the president does not send the Amendment Bill back to Parliament to correct the mistakes, a court application could be brought, which would declare it void. The FF Plus is, however, hoping that further legal actions will not be necessary."
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