The Opposition to Urban Tolling Alliance (Outa) has finally seen the fruits of its toil, with the High Court granting its application to appeal e-tolls this afternoon.
The e-tolls saga resumed this morning in the North Gauteng High Court, where judge Louis Vorster heard opposing factions - Outa and government bodies (the SA National Roads Agency Limited, or Sanral, and National Treasury) - stating their respective cases against and for the implementation of open road tolling on Gauteng's highways.
This follows Outa's application - earlier this month - for leave to appeal Vorster's December judgement that e-tolls were legal and could go ahead. Outa argued the judgement misinterpreted an earlier ruling of the Constitutional Court and asked the High Court to let the alliance take its case to the Supreme Court of Appeal.
Outa was represented by advocate Mike Maritz, while advocate David Unterhalter and advocate Jeremy Gauntlett stood government's ground for Sanral and National Treasury, respectively.
Outa, up first, maintained that the entire e-tolling process was flawed - from lack of public engagement and participation - to the cost of the project to the public, beyond initial road improvement costs.
Unterhalter subsequently argued that Outa had not challenged the policy itself, and that the Sanral Act allowing road improvements and the user pay principle was put in place by Parliament as it was considered to be fair. He appealed to the court to dismiss the application, with legal costs incumbent on Outa.
Likewise, National Treasury's counsel Gauntlett asked the court to dismiss Outa's application to appeal the judgement in favour of e-tolls, adding that the prospects of success for Outa's case in the Appeals Court - already "burdened" - were dim.
At the end of the proceedings, which were unexpectedly protracted, the judge ruled in favour of the anti-tolling faction.
Outa's appeal against e-tolling will be heard in the Supreme Court of Appeal in Bloemfontein, at a date to be confirmed.