The Opposition to Urban Tolling Alliance (Outa) can now go ahead with its appeal against Gauteng's e-tolls, after the Democratic Alliance (DA) today announced that it will contribute the R1 million needed to pay for legal costs.
Earlier this week, Outa asked for financial assistance so it could raise the funds it needs to prepare for its appeal against e-tolling in the Supreme Court of Appeal (SCA). The organisation had until 21 June to raise the R1 million.
The appeal will be heard on 25 and 26 September.
In April last year, Outa interdicted the introduction of e-tolls and, again in January, won the right to have its case heard by the SCA. The DA says it fully supports Outa's efforts to stop e-tolls and believes it has a strong legal case.
"We do not believe the government, and particularly the South African National Roads Agency (Sanral), consulted the public adequately prior to the introduction of e-tolls, nor did they present or properly consider alternative infrastructure models, which would not have had such a negative impact on the lives of ordinary South Africans, who are already struggling to make ends meet," it adds.
Response
Outa chairman Wayne Duvenhage says the organisation has already been questioned, especially by Sanral, for accepting money from a political party. "Our response is that we put out a call to society to assist us in raising funds and who are we to now say no to the DA, the Freedom Front or the ANC, for that matter.
"Government and Sanral's case is being funded by taxpayers' money and they have endless coffers. We are desperate, we are already R3 million behind in our payments and we have an urgent R1 million to raise before we can go to court. So we can't reject this money, unless it's laundered or illegal."
He adds that it is a political matter. "It's being fought in Parliament, it's being fought by the DA and every other political party opposing the ANC."
Duvenhage says besides the DA's contribution, Outa has received massive response from the public following its appeal for financial assistance. "By close of business on Thursday, some 27 hours after our press conference, we had received over R120 000 and things were looking really good."
He adds that when the overnight interbanking process updated around four hours later, they had received around R540 000, from just under 800 entries into Outa's bank account.
Debt
Duvenage says Outa is R3 million behind on its legal payments and 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 National Treasury. So we have to be well prepared as we are fighting three parties not just one."
National fight
Sanral's plans to implement e-tolling have spilt over to other provinces, but have thus far not been successful. Last month, the Western Cape High Court granted an interdict to the City of Cape Town, halting the agency's proposed tolling of the N1/N2 route in the Winelands.
The court ordered that the interdict be granted pending the city's review of Sanral's e-tolling plans in the province. Sanral has also been ordered to hand over documents, including toll feasibility and a strategy report that the city claims the agency has been withholding.
The review date has not yet been set down.
Sanral plans to upgrade a 180km stretch of the national road network in the province, as well as build a second bore hole at the Huguenot Tunnel, at an estimated cost of R10 billion.
The proposed toll gates will be situated at Joostenbergvalte, Hexpoort and the existing Huguenot toll along the N1. The toll gates on the N2 will be at Kuils Rivier, Sir Lowry's Pass and Bot River.
The city argued that Sanral had no evidence to prove the proposed Winelands tolling project had been properly approved and that the transport minister at the time gave the project the go-ahead, without knowing what the full cost would be.
Too close for comfort
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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