Disappointment and threats of anarchy are still the order of the day after the North Gauteng High Court yesterday quashed a bid to stop government from implementing an electronic toll project across most of Gauteng's freeways.
Judge Louis Vorster ruled that the proper consultation process was followed as far as it was relevant, and said the method of paying for the controversial scheme was not an issue.
Vorster also awarded costs in favour of six respondents - National Treasury, the South African National Roads Agency, National Department of Transport, MEC for roads and transport in Gauteng, as well as the minister and DG for water and environmental affairs - which includes a failed Constitutional Court bid.
The applicants had asked the judge to set aside government's decision to declare freeways in and around Gauteng as toll roads, and set up electronic gantries. They also wanted permission to lodge the application, despite it being outside of the time limits. The ruling follows an interdict against tolls, which was later thrown out by the Constitutional Court.
While the Opposition to Urban Tolling Alliance (Outa), the main player in lodging the court application, is dusting itself off and contemplating the ruling, other parties who are opposed to the e-tolls warn that public protests will continue, and that government should still pull the plug.
Meanwhile, transport minister Ben Martins is reading through 11 000 public submissions on the Gauteng Freeway Improvement Project before making a declaration around tariffs, government is urging motorists to buy e-tags, and those in opposition argue that people must not purchase the tags.
Slapped
Outa chairman Wayne Duvenage says the lost court bid is "not the end of the matter," although it could be the end of the legal challenge. "We've got to be careful that we don't drown in our sorrows."
Duvenage says Outa's concern is the hefty costs order, as it is a civil society entity. "That, I think, is a slap in the face of society."
The orders cost will make civil society think twice before taking on government, says Duvenage. The applicants - Outa, the South African Vehicle Renting and Leasing Association, the Quadpara Association of SA, and the South African National Consumer Union - are jointly and individually liable for the costs.
Duvenage says Outa is assessing the judgement to determine whether there are grounds for appeal, but it has many aspects to take into account, including financing.
Justice Project South Africa chairman Howard Dembovsky is disappointed the verdict went against Outa, but is "infinitely more concerned" that the judge ordered costs against the applicants.
"Given the fact that government has spent what is estimated to be somewhere in the order of R30 million of taxpayers' money on defending this matter, should Outa have to pay government's legal expenses, there is no doubt that Outa will not be able to do so and this will expose the directors of Outa to be held responsible in their personal capacities."
Dembovsky says it is "fairly obvious that further protest action will be forthcoming". He hopes the protests will be peaceful, but warns the issue "may end up being South Africa's very own Arab, or more precisely 'South African Spring'."
Mass action
The Congress of South African Trade Unions (Cosatu) says its campaign against the system "will now continue and be intensified". Cosatu will take the fight to Parliament, which still has to pass the Transport Laws and Related Matters Amendment Bill.
"This must not be steamrollered through but thoroughly discussed, so that we can finally have the public debate about the principle of e-tolling." Cosatu also urges motorists not to register with the South African National Roads Agency (Sanral) or buy e-tags, and "to make the system unworkable".
Democratic Alliance Gauteng caucus leader Jack Bloom is hugely disappointed by the judgement. It is "unlikely to appease the residents of Gauteng who are adamantly against the tolls".
Premier Nomvula Mokonyane should call a referendum so that people can have their say on the matter, says Bloom. "Public protests will continue unless the e-tolls are stopped. I urge government to reconsider this whole project."
On the other hand
Transport spokesman Tiyani Rikhotso says people should buy tags in preparation for when tolls go live, although he cannot provide a start date. He says Martins has to read all 11 000 submissions relating to exempt vehicles and tariffs before making a determination.
Rikhotso says only after the determination is made can e-tolling start; 14 days later. However, Dembovsky says the Bill first has to go through Parliament, which only re-opens in February.
Sanral says the judgment is in line with the Constitutional Court's ruling in September, which effectively paved the way for e-tolling to commence. It finally clears all questions surrounding the legality of e-tolling, it says.
The Constitutional Court threw out the argument that alternative funding schemes, such as an additional fuel levy, could be used. The court said government's policy prevents any alternative apart from tolls, overturning the High Court.
The judge said the issue of funding was not one open to public consultation as it is determined by government policy. He added that the only area that was open to consultation were the physical aspects, such as the proposed location of the gantries.
In addition, Vorster said it is "common cause" that toll road declarations were published in the Government Gazette and in newspapers, which was adequate. The judge said the toll collection and the project was lawful, and did not amount to unlawful deprivation of property.
Vorster noted that Cabinet approved the Gauteng Freeway Improvement Project in July 2007, and the then transport minister announced its launch that October.
Sanral is urging vehicle owners to register and obtain their e-tags as soon as possible "to ensure they qualify for the full discounts available". It looks forward to demonstrating the benefits of the tolled roads.
Government, through the Government Communication and Information System, says the ruling vindicates its view that it followed due process and met all regulatory requirements in declaring portions of the Gauteng freeways as toll roads in 2007. "Government calls on all parties to respect the decision of the court and together move forward in the implementation of the e-tolling system."
Additional reporting by Bonnie Tubbs.
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