Yesterday's dismissal of the Opposition to Urban Tolling Alliance's (Outa's) appeal against government's e-toll system has left the lobby group with two options: either it will take the matter up with the Constitutional Court, or give up the legal fight and leave it in society's hands.
So says Wayne Duvenage, now renowned for being the face and voice behind the fight against one of government's most contested fund-raising projects, speaking at a Johannesburg media briefing in response to the Supreme Court of Appeal's (SCA's) ruling yesterday.
Having studied the court's judgement overnight, Duvenage says Outa has been left with a couple of avenues to explore, which it will discuss and come to a conclusion at a board meeting on Monday afternoon.
Outa was created in March 2012 to provide a platform for opposition to open road tolling by government and its roads agency, the SA National Roads Agency (Sanral). Members of the alliance include the SA Vehicle and Leasing Association, the Automobile Association of SA, 94 businesses and 1 831 individual supporters.
Available options
Going forward in its legal fight against e-tolls, Duvenage says Outa could approach the Constitutional Court to make a decisive ruling on what the alliance has tagged the unlawfulness of e-tolling.
He says while Outa has been advised it has solid grounds for such an appeal, the stark reality is that it will again be confronted by a shortage of funds. "Despite the overwhelming contributions made by society to raise 90% of Outa's required funds, we remain short of R1.5 million, and we have been advised that a further R1.5 million will be required to prosecute the appeal."
He says, if Outa does not raise these funds, it will not be able to proceed with the appeal. While it may look unlikely at the moment, Duvenage says he does not want to speculate on the outcome of Monday's meeting. If the legal fight ends here, he says, Outa will need to be reconstituted, considering the body came into being through its drive to challenge government legally.
Alternatively, Outa could cease further litigation and allow its case so far to provide the grounds for a "collateral challenge" by one of its members or any motorist who is prosecuted for non-payment of e-tolls. "Outa will [in this case] continue to support the public in its opposition to Sanral and the government's unlawful e-tolling scheme, outside of the courts."
Duvenage says Outa's members will have to consider its options carefully on Monday. "We should have a statement regarding our way forward out on Tuesday."
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