The Opposition to Urban Tolling Alliance (Outa) today provided an update on its legal case against Gauteng's controversial e-tolls. The alliance says it needs R1 million by 21 June if it wants to proceed with its appeal against e-tolling in the Supreme Court of Appeal (SCA) in Bloemfontein. The matter will be heard on 25 and 26 September.
Outa chairperson Wayne Duvenage says one of its biggest hurdles in the fight against e-tolling has been to keep pace with ongoing legal costs. "Unlike the fortunate situation that government and the South African National Roads Agency (Sanral) are in, receiving endless funding from taxpayers' money for legal costs, Outa relies purely on the generosity of donations from the public and business."
Duvenage says Outa is R3 million behind on its legal payments. "The future legal cost is estimated at slightly over R1 million and we need to gather this money by 21 June."
He adds that R8.4 million had already been raised towards the case. "We have arrears, but what our attorneys are saying is that we have a R1 million court battle ahead of us. We need this funding to ensure the legal team can prepare."
He says Outa has had a lot of support from its legal team, but adds that the funds are essential to take the matter forward. "Advocates have reduced their costs and have worked numerous hours for free. But there are certain costs than can't be waived. Nonetheless, it's a technical case that needs a lot of work.
"We are fighting against Sanral, the Department of Transport and Treasury. So we have to be well prepared as we are fighting three parties not just one."
Duvenage says what remains at the heart of the e-tolling issue is the lack of constitutional requirements for meaningful public participation and the irrationality of applying an extremely costly, burdensome and inefficient means of revenue collection through e-tolling.
He believes there is still time for the government to rethink this plan and suspend e-tolling. "Amid a climate of overwhelming public rejection and continuing legal action, Sanral appears committed to launching e-tolling some two months before the court appeal.
"Despite Sanral's utterances that Outa's current legal action is of no consequence to them, should the SCA rule in Outa's favour, their plans for e-tolling could very well be halted."
Society's voice
Many organisations as well as political parties have voiced their concerns about e-tolling. In the latest action against the system, the Congress of SA Trade Unions (Cosatu) planned two mass protests on Gauteng's highways.
Its first drive-slow in Johannesburg was halted by a court order, after the Johannesburg Metropolitan Police Department refused to grant Cosatu permission to block certain Johannesburg routes.
Cosatu was, however, granted permission to lead a go-slow on highways in Ekurhuleni last week and went ahead without any altercations with law enforcement.
The trade union federation has also indicated it plans more protest action against e-tolling, which will include strikes and night vigils at various departments, including Sanral.
Current position
Transport minister Ben Martins and Sanral have published draft regulations and notices relating to the Gauteng Freeway Improvement Project for public comment.
The regulations and notices have been published in the Government Gazette. The move follows the passage of the Transport Laws and Related Matters Amendment Bill - otherwise known as the E-toll Bill - by the National Council of Provinces (NCOP) last month.
Sanral CEO Nazir Alli says: "With the publication of the notices and regulations as well as the NCOP's decision, we are starting to implement the final steps before e-tolling begins. We encourage those who have not yet registered for their e-tags to do so now."
The tolling regulations and notices are now available; giving interested parties 30 days to submit written comments on the draft documents to government.
Once the Amendment Bill is signed into law by president Jacob Zuma, e-tolling in Gauteng will commence.
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