The court case has wound up, but the battle is far from over as the public and affected parties have threatened mass civil disobedience if e-tolling goes ahead, while a planned protest takes place tomorrow.
The High Court battle about e-tolling has reached its end and now motorists await their fate on Gauteng's roads as the judge deliberates, to ultimately reach a decision either for the public that opposes the new tax, or for government's proposed freeway improvement funding project.
Yesterday saw the final arguments posed by National Treasury's counsel advocate Jeremy Gauntlett, and Mike Maritz, legal representative for the Opposition to Urban Tolling Alliance (Outa).
Outa chairperson Wayne Duvenage says all that is left to do now is wait. The alliance's case, he says, hinges heavily on the claim that the government-run SA National Roads Agency (Sanral) did not follow due process and "ran roughshod" over the public.
Sanral and National Treasury's main argument emerging this week was that stakeholders enlisted full disclosure of e-toll details and that protestors have kicked up a fuss too late in the game to stop the process now.
The state parties vehemently deny they carried out e-tolling systems set-up in a way that was misleading and secretive - as claimed by Outa.
Outa optimism
Duvenage says however the saga pans out, Outa is sticking to its guns. "We maintain that Sanral has overstepped the mark and that what they have done is illegal. If all the civil disobedience and anarchy that is being threatened by citizens actually materialises, it will be straight back to the drawing board for Sanral."
He says government brought the situation upon itself. "This is what you get, Mr Government, if you choose to ignore the law."
Outa is "looking forward" to the judgement after what has been a taxing - but interesting - week, says Duvenage.
There is no time frame at this stage as to when the judge will make his decision known. Duvenage says this could ostensibly take months. "Who knows - it could be a matter of two to three weeks, or two to three months."
Money matters
While the organisation is positive about the fight it fought in court this week, its bank balance is in the negative, says Duvenage - to the tune of R3.5 million.
"Outa feels strong and we know we have amazing support from the people of SA." Now, he says, Outa needs to settle legal fees. To this end, Duvenage is calling on the public to shore up financial support for a cause he says the vast majority "absolutely oppose".
He says a contribution of R250 to R300 would suffice and is a small price to pay for the abolishing of an unjust government system. "It's basically the amount of money motorists have already saved by us getting an interdict against the system earlier this year."
In April, Pretoria High Court judge Bill Prinsloo granted an interim order that blocked the implementation of e-tolls.
In September, however, the Constitutional Court set aside the order and said Sanral could go ahead with the project. The Constitutional Court cited "separation of powers" as the reason for setting aside the e-toll interdict.
Department of Transport (DOT) spokesperson Tiyani Rikhotso says the court review process gave the DOT "ample opportunity to clarify a number of misconceptions that exist out there".
He says the claim that there was not sufficient consultation on the e-toll issue since inception was dealt with in detail by government's legal representatives.
"We are confident that we have provided sufficient information to dispel any notion of a process that was just simply rammed through without any consultation. The most important issue is that the country requires good road infrastructure to meet its economic objectives."
Rikhotso says SA cannot attract what he says is "much needed" investment if the country's infrastructure is not up to scratch. "The nation has a joint responsibility to ensure that we build a better nation that would be able to take care of the needs of its citizens."
The Congress of Trade Unions, meanwhile, has called for a day of "civil disobedience" tomorrow, as a protest against e-tolls. The union's national spokesperson, Patrick Craven, says the public needs to tell government and Sanral: "No to e-tolls! No to the privatisation of our roads! Give us safe, efficient and reliable public transport!"
The protest will take place in both Johannesburg and Pretoria from 9am, with marches from the Market Theatre to the premier's office in Johannesburg, and from Schubart Park to the DOT offices in Pretoria, respectively.
Craven says there is mass opposition to open road tolling in Gauteng, and government needs to take this into account.
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