The Democratic Alliance (DA) has applied to the Constitutional Court to join the Gauteng e-toll case on 15 August as an amicus curiae (friend of the court), so as to make a practical contribution.
The issue at play is the application by the SA National Roads Agency (Sanral) and National Treasury to overturn the interim interdict by the North Gauteng High Court halting the implementation of e-tolls in the province.
According to DA provincial legislature member Jack Bloom: “On Wednesday last week, letters were sent to all parties seeking their agreement that the DA be admitted as amicus curiae. The Opposition to Urban Tolling Alliance has not opposed our application, but Sanral and National Treasury have indicated their opposition.”
The DA says, as a political party, it has an interest in the key issue in this case, namely the extent to which courts can and should exercise their powers to interdict government conduct intended to realise state policies pending the resolution of a legal dispute.
Court caveat
The party says it will also consider the circumstances in which the Constitutional Court should hear a direct appeal against an order for interim interdictory relief, and - if an appeal is heard - how it should treat a discretionary decision of the court of first instance.
The DA says, while it agrees courts should be cautious to interfere with executive policy and decisions, “in this instance government is attempting to restrict the court's ability to review decisions to the narrowest grounds possible”.
Bloom says this will be a landmark case in SA's constitutional history. “If government wins then expect to see more decisions like the e-tolls pushed through without proper consultation.”
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