High Court erred on e-toll ruling - govt

2012-09-20 14:45
An e-toll gantry on the N1 South in Johannesburg. (Sapa)

An e-toll gantry on the N1 South in Johannesburg. (Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Johannesburg - The government has welcomed a Constitutional Court ruling that gives it the green light to toll motorists using Gauteng's highways.

"The ruling reaffirms government’s conviction that the North [Gauteng] High Court had erred in its judgement which interferes with policy making, a responsibility of the executive," a statement following Thursday's ruling said.

The court ruled that the interim order granted by the court on April 28, which put a hold on the project, be set aside because that court had not considered the separation of powers between High Court and executive.

"Government respects the right of any member of the public to approach the courts to review its decisions and operations within the country’s legal framework," the statement from transport department director general George Mahlalala said.

"Government remains convinced about the appropriateness of the Gauteng Freeway Improvement Project [GFIP], with the user-pay principle as part of our country’s investment in road infrastructure and our collective drive to grow the economy," he said.

The department would study the e-tolling judgment before saying more on the matter, said Mahlalala.

Asked when the public could be expected be tolled on Gauteng's roads, he said: "We will come back to them."

There will be no e-tolling - Vavi

The development of a country’s road infrastructure played a critical role in building its economy and sustaining its growth by facilitating the movement of goods and services across the country.

Government would study the judgment and make an announcement on the way forward soon.

But the Congress of SA Trade Unions (Cosatu) was adamant that there would be no e-tolling.

"We are going to resist it with every power we have," Cosatu general secretary Zwelinzima Vavi told reporters on the sidelines of Cosatu's 11th national congress in Midrand.

"In our view, it would be a huge mistake by government if it was to steam ahead on the basis of the Constitutional Court judgment and implement what we all know is an extremely unpopular policy decision," Vavi said.

"There will be no e-tolling," he said.

A programme of action would be announced at Cosatu's conference later.

The North Gauteng High Court granted the Opposition to Urban Tolling Alliance (Outa) an interdict on April 28, ruling that a full review needed to be carried out before electronic tolling known as "e-tolls" of Gauteng's highways could be put into effect.

The interdict prevented the SA National Roads Agency Limited (Sanral) from levying or collecting e-tolls pending the outcome of the review.

Difficult to implement

Sanral and National Treasury appealed the court order, and said delays prevented the payment of the R21bn incurred building gantries.

Outa leader Wayne Duvenage said it wouldn't be possible for the government to start tolling "tomorrow" because there were still outstanding issues to be dealt with.

"They can't start e-tolling tomorrow," he said.

The issues include tariff exemptions and other work to get the project up and running again.

The actual review hearing will take place in November.

Outa will hold a media briefing later on Thursday.

The Constitutional Court declined the Democratic Alliance and Road Freight Association's applications as friends of the court.

The DA's Gauteng caucus leader Jack Bloom said Sanral would find it difficult to implement the e-tolls in the face of widespread public opposition.

Legislation to implement the tolls had also still not been passed in Parliament.

"The DA will oppose this so that the public are treated fairly in this matter," he said in a statement.

Separation of powers

Reading the judgment, Deputy Chief Justice Dikgang Moseneke said the separation of powers was a vital tenet of South Africa's constitutional democracy.

"Courts must refrain from entering the exclusive terrain of the executive and legislative branches of government, unless the intrusion is mandated by the Constitution," he explained.

Courts should only grant an interim interdict preventing the national executive from exercising its statutory power in exceptional circumstances, and when a strong case is made out for the relief sought.

Courts must ask whether it is constitutionally appropriate to grant an interdict whose effect would be to encroach upon the exclusive domain of another sphere of government.

The duty of determining how public resources are to be drawn upon and re-ordered lies "in the heartland" of executive government function and domain.

"What is more, absent any proof of unlawfulness or fraud or corruption, the power and the prerogative to formulate and implement policy on how to finance public projects reside in the exclusive domain of the national executive, subject to budgetary appropriations by Parliament," he continued.

Another consideration is that the collection and ordering of public resources almost inevitably calls for policy-laden and polycentric decision-making.

"Courts are not always well suited to make decisions of that order," Moseneke said.
- SAPA
Read more on:    outa  |  sanral  |  johannesburg  |  tolls  |  transport
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
109 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Get fit on a budget

It’s time to throw the “I can’t afford to exercise” excuse out the window.

 
 

Where were you when you last felt alive?

Tips for paddling your first Dusi
Climbing the world’s largest stone arch
Awesome extreme sports people
Watch: 2015 Absa Cape Epic route

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

You may prefer to be in charge because then you can call the shots. You are not as flexible as you like to make out to be and you...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.