The Gauteng e-tolling project has been deemed legal and open road tolling across the province will go ahead in early 2013.
In what many say was a foregone conclusion, the North Gauteng High Court this morning dismissed the Opposition to Urban Tolling Alliance's (Outa's) legal case against the SA National Roads Agency (Sanral) and other government stakeholders in the e-toll project.
Louis Vorster, the judge presiding over the e-tolls case between government stakeholders and Outa, said this morning that the crux of Outa's argument - that the public was not adequately informed regarding the government's e-toll plans - was "without substance".
The tension that has been building since interested parties - including millions of Gauteng motorists - heard that a judgement would be delivered today, was slashed with four words from Vorster: "...this application cannot succeed". He was referring to Outa's application against the government's proposed e-tolling system, which was devised to fund Sanral's multibillion-rand Gauteng Freeway Improvement Project (GFIP).
Online uproar
The news was followed by a social media outcry, with posts flooding in expressing disappointment and anger at the judge's decision.
One Twitter member said the advent of e-tolls would be "the death of us all", while others dubbed the news a "bitter pill" and many others echoed the sentiment "to hell with e-tolls!", refusing to pay regardless of what the law will impose.
The latter is in line with Outa chairperson Wayne Duvenage's stance that, whichever way the judgement was to go, citizens would not buy-in or support e-tolls - with the inevitable outcome of a failed system and devastating financial blow to government.
Civil response
Opposition party the Democratic Alliance (DA) expressed disappointment at the judgement, saying it is "unlikely to appease the residents of Gauteng who are adamantly against the tolls".
Jack Bloom, DA Gauteng caucus leader, said in a statement: "The DA calls on premier Nomvula Mokonyane to call a referendum so that people can have their say on the matter."
Bloom warns that public protests will continue unless the e-tolls are stopped. "I urge government to reconsider this whole project."
Government view
On the other side of the fence, government welcomes the ruling and says the judgement "vindicates government's view that it followed due process and met all regulatory requirements in declaring portions of the Gauteng freeways as toll roads in 2007".
It says the GFIP is being delivered within a broader context of improvements to integrated public transport and improvements to non-toll alternative routes and is calling on all parties to support e-tolls.
"Government calls on all parties to respect the decision of the court and together move forward in the implementation of the e-tolling system.
"The development of a country's roads infrastructure plays a critical role in establishing a thriving economy and sustaining growth through the efficient movement of goods and services.
"Borrowing internationally and upfront and applying the user-pays principle allows Gauteng, South Africa's economic heartland, and the broader economy to enjoy the benefits today, when we need the growth and development."
E-tolls 'better' for motorists
Likewise, Sanral was quick to send out a statement welcoming the judgement, saying the ruling is in line with the Constitutional Court's ruling in September, which "effectively paved the way for e-tolling to commence".
Sanral maintains "proper steps" were taken by the agency in the implementation of e-tolling and says it is "gratified" by the decision of the High Court. "The ruling finally clears all questions surrounding the legality of e-tolling."
Transport minister Ben Martins is expected to make an announcement on the way forward "soon", according to Sanral.
Sanral urges motorists to register and obtain their e-tags as soon as possible "to ensure they qualify for the full discounts available".
"We look forward to being able to demonstrate to motorists the benefits that e-roads will contribute to their trips and lives through the on-road services such as emergency, towing and rapid response vehicles and on-the-minute travel condition updates that will allow better travel decisions and ultimately save time."
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