Government's plan to implement open road tolling across Gauteng is beset with hitches, and the claim that it is all but ready to go ahead is a "farce", according to the Opposition to Urban Tolling Alliance (Outa).
Outa's contention comes in the wake of renewed e-toll protests by the Congress of South African Trade Unions (Cosatu) yesterday - an indication Outa chairperson Wayne Duvenage says goes to show that the Department of Transport (DOT) and SA National Roads Agency's (Sanral) plan is "born in sin".
Cosatu's demonstration against e-tolls took place across Pretoria and saw major roads in the city being blocked from 6am (proceeding to the N1). It is part of a mass action campaign Cosatu has vowed to continue until government takes heed of the widespread public condemnation of a system it believes is exclusionary in nature. The union's campaign is set to resume on 25 February, with further blockades of Gauteng's highways.
Legal locale
While a legal battle between government entities, Sanral, the DOT and National Treasury - and Outa on the other side - is ongoing, the department maintains it is under no obligation to halt the implementation of e-tolls as "the court has ruled in our favour".
In December, an application by Outa to have the e-tolling system scrapped was overruled by the North Gauteng High Court. Presiding judge, Louis Vorster, said at the time that government had in fact followed due process (contrary to Outa's argument) and deemed the Gauteng e-tolling project legal.
Last month, Outa was granted leave to take the matter to the Supreme Court of Appeal in Bloemfontein - a date for which is yet to be set.
DOT spokesperson Tiyani Rikhotso recently said Outa's ongoing legal challenge against e-tolling was "irrelevant", and that the department was in the final stages of reviewing written applications before it forges on with e-toll implementation.
Challenge to launch
While many expected e-tolling to commence this month, the department says there are legal processes that need to be tied up before this happens.
Duvenage contends, however, that the system is not ready to go and that the department's claims that the passing of a Bill is holding it back are a mere smokescreen.
"In August last year, treasury said the delay in implementing e-tolls was having far-reaching financial impact, and that they would start tolling within two weeks of the interdict being set aside on 20 September - but yet they still have not started tolling. If they are ready to launch, what is the delay?"
The DOT says it is awaiting the passing of the Transport Laws and Related Matters Amendment Bill by Parliament, a necessary procedure before implementation can legally be carried out. Last month, Rikhotso said the department was in the final stages of reviewing written applications before forging on with e-toll implementation.
Duvenage, however, disputes that the system is ready for rollout, citing problems including the administrative burden of e-tolling, an ineffectual Electronic National Traffic Information System (eNatis) system, a lack of e-tag holders and lack of capable staff.
He says Outa's legal case is also "a bit of a sword over their head", due to the far-reaching implications should the court rule in the alliance's favour.
Nothing overlooked
Duvenage concludes: "My view is, let the system launch if it is ready - and let's see what happens."
Rikhotso says allowing legislative processes to run their full course is in no way an indication of a lack of readiness on the part of government.
"Outa may need to familiarise itself with the basics of how Parliament functions. The outstanding matter relates to the Bill currently before Parliament couldn't be discussed by Parliament at the end of last year and will only be attended to once Parliament resumes its business for 2013."
He says the parliamentary process is one that is beyond the department's control and reiterates that the current appeal does not amount to an interdict against Sanral from implementing e-tolling.
"The applicant still has to go and argue its case at the Supreme Court of Appeal. We remain confident that there's nothing government has overlooked with regard to the introduction of the process in question. The North Gauteng High Court has affirmed this position."
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