The controversial Gauteng e-toll system is back in court this week as the Democratic Alliance (DA) takes on government in a move it hopes will see the Transport Laws and Related Matters Amendment Act (E-toll Act) being sent back to Parliament.
This comes after president Jacob Zuma in September signed the Bill, giving e-tolling on Gauteng's highways the official go-ahead.
DA premier candidate for Gauteng Mmusi Maimane, who last year vowed to fight the system the opposition party believes was unjustly imposed upon citizens, will present an argument in the Western Cape High Court on Tuesday and Wednesday.
If the DA wins the case, the matter will automatically be referred to the Constitutional Court, where the party hopes the E-toll Act will be declared unconstitutional.
DA argument
Maimane says the DA is of the view that the E-toll Bill was incorrectly passed by Parliament and signed into law by Zuma. The party believes the Act did not go through the right processes, and that it should have gone through the National Council of Provinces.
"If the case is successful, the E-toll Bill will need to be sent back to Parliament to deliberate on for a second time. The DA will then oppose the Bill in Parliament and every legislature. We will also offer Zuma's ANC a chance to vote against the Bill and in favour of the public's immense opposition to e-tolling. A majority vote against the Bill would defeat e-tolling once and for all," says Maimane.
He says the DA will argue that the National Assembly incorrectly passed the E-toll Bill. "This is because it was tagged as a Section 75 Bill (debated in Parliament only) and not a Section 76 Bill (debated in Parliament and provinces). The people of Gauteng were, therefore, denied a voice in the passing of the E-toll Bill, due to it not appearing before the provincial legislature."
Because e-tolling affects, among others, urban planning, public transport and traffic regulations, the E-toll Bill should have been debated in provincial legislatures as well, says Maimane.
"After the National Assembly has passed a Section 76 Bill, each provincial legislature must deliberate on a voting mandate for their respective delegates in the NCOP. Each provincial delegation in the NCOP must vote according to the decision taken by their provincial legislature."
The SA National Roads Agency and the Department of Transport have defended the implementation of e-tolling, saying due process was followed.
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