AfriForum joins e-tolls case

2012-06-15 18:07
Johannesburg - Civil rights body AfriForum has applied to be involved when the Constitutional Court hears government's appeal against an interdict that halted e-tolling.

CEO Kallie Kriel said on Friday AfriForum had applied to act as a friend of the court and had served court papers on all parties involved in the case.

It wanted to ensure that additional information would be presented to the court, he said.

AfriForum would seek to show government was wrong in alleging that the interdict amounted to the courts interfering on government's right to formulate policy.

"The court has a clear constitutional mandate to ensure that the Constitution and legislation will be respected and maintained," Kriel said.

Await court case outcome

Government should rather ensure that its policies did not disregard the Constitution.

"Government endangers the supremacy of the law by constantly making courts the scapegoat for government’s own disregard for legislation."

He called on road users to await the outcome of the court case before registering for the e-toll system.

"If enough motorists do not register in protest against the system it will force Sanral (SA National Roads Agency Limited) to reconsider the cost-effectiveness of e-toll as a collection mechanism," he said.

On Monday, AfriForum said it had put on hold its intended legal action on the e-tolling penalty tariff for non-registered users.

This came after former transport minister Sbu Ndebele officially withdrew the e-toll rates notice in the Government Gazette on May 31, Kriel said.

Notice published in Govt Gazette

The penalty tariff was R1.75/km for motorists who had not registered and acquired an e-tag.

"This followed after AfriForum had sent an attorney's letter to [Ndebele] on May 15 to say that AfriForum would institute legal steps if the notice were not withdrawn."

The penalty tariff notice was published in the Government Gazette on April 13.

This was a court action separate from an interdict on April 28 that halted e-tolling pending a full judicial review.

Government's appeal against the interdict will be heard by the Constitutional Court.

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