E-tolling may be facing another spanner in the works as political parties pick up where the Opposition to Urban Tolling Alliance left off, by launching legal action against the state-conceived system.
The Democratic Alliance (DA) this morning stepped up its anti-toll campaign, submitting an urgent application with the High Court - a move it says will be followed by "massive interventions", which it will detail early next week.
Addressing the media at a briefing in Rosebank this morning, DA premier candidate for Gauteng Mmusi Maimane said the party has placed a High Court application, which he claims could delay the rollout of e-tolling in Gauteng.
"Papers were served yesterday on president Jacob Zuma, the speaker of the National Assembly and the chairperson of the National Council of Provinces, the minister of transport, and SA National Roads Agency (Sanral). We have asked the court to hear the matter urgently, given the immense impact the rollout of tolling will have on the people of Gauteng."
The basis of the DA's argument, says Maimane, is that the Transport Laws and Related Matters Amendment Bill (e-toll Bill) was incorrectly passed by Parliament and signed by Zuma. Because the Bill was tagged a section 75 Bill - which means the matter is dealt with exclusively at a national level by Parliament - instead of a section 76 Bill, which includes provinces, the DA believes it to be unconstitutional.
"The tolling of roads impacts on many factors such as urban planning, public transport and traffic regulations - all of which are the competency of provincial governments and municipalities."
Maimane says the e-toll Bill, as it stands, allows Sanral to toll roads across SA - not just in Gauteng.
While he could not put a time frame to the process should the DA's application succeed, Maimane said: "If the DA wins this case in the High Court, the matter will automatically be referred to the Constitutional Court, where the e-toll Bill may be declared unconstitutional."
Maimane says his own fight - as candidate for Gauteng premier - will extend beyond the said legal action. "An announcement on my plans to fight tolling will be made next week." He says this will be centred on public engagement.
Meanwhile, the Freedom Front Plus (FF+) announced today it would also take legal action by "launching a court case in the North Gauteng High Court to have the [e-toll Bill] declared unconstitutional". The party's argument mirrors that of the DA regarding the incorrect tagging of the legislation.
Advocate Anton Alberts, FF+ Parliamentary spokesperson on transport, says the party - together with the Transvaal Agricultural Union of SA and the National Taxpayers' Association - will submit the application to the court at the latest on Friday.
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