Toll application '4 years too late'

2012-04-24 14:10

Pretoria - Opponents to Gauteng's tolling system were four years too late in bringing their court action, the North Gauteng High Court heard on Tuesday.

"I know of no other case where four years after the event the applicants come along and try to invoke the court's power," said David Unterhalter, for the SA National Roads Agency Limited (Sanral).

The applicants, who include the Opposition to Urban Tolling Alliance (Outa), had created their own urgency, he said.

"Those who sit back and wait for whatever reason have to suffer the consequences."

Unterhalter said they would still have their day in court, but it would just be at another time.

The toll roads were declared in 2008.

Not urgent

He was presenting argument to the court on why the application should not be seen as urgent, and asked for it to be dismissed.

It was a "fantastical proposition" for Outa to argue that because it was only formed in March 2012, it should bring court action at this stage. The body was made up of different members, including the Automobile Association.

Litigation had to be done at a reasonable time, which was 180 days after the declaration of the toll roads, said Unterhalter.

He said the applicants knew that tolling was decided on as the preferred means to raise funding for Gauteng's freeway improvement project, after other options had been considered. Only the issue of tariffs was up for discussion.

On February 4, 2011 the first notice announcing the tariffs was published.

This was followed by a huge public outcry and a steering committee was established by government to review the fees.

"The only issue on the table was the fee structure... not the user pays principle," said Unterhalter.

Vincent Maleka, for the transport minister and the Gauteng transport MEC, would present his case after lunch


Earlier, a Treasury lawyer said concerns about who is exempted from Gauteng's tolls are a "small tail wagging a large dog".

Arguments by the Opposition to Urban Tolling Alliance (Outa), in a supplementary affidavit filed on Saturday, that no provision had been made for toll exemptions, were a "small tail wagging a particularly large dog, which is this case", Jeremy Gauntlett SC told the court.

He said the respondents, including the transport minister and Sanral, were prejudiced by the approach of Outa and other applicants.

"They are trying to raise these additional points now on a tacit premise... that it's urgent."

Outa is arguing, in its supplementary affidavit, that tolling could not proceed on April 30 because no exemptions had been made for public transport.

The court denied an application by Outa to amend its founding affidavit.


Judge Bill Prinsloo said the respondents opposing the application were prejudiced and were not given the proper time to consider the amendments.

"(They) may not be properly able to consider the amendments during this session, especially because we only have a three-day court week," he told the court.

"In the face of this prejudice... I make the following order that the application for amendment is struck from the roll."

Prinsloo said the applicants had to pay the "wasted" costs.

The applicants were Outa and three others.

The broader application continued, with the court hearing argument about its urgency.


Read more on:    outa  |  sanral  |  johannesburg  |  tolls

Man dies in scooter crash

47 minutes ago

Read News24’s Comments Policy 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
Add your comment
Comment 0 characters remaining

Inside News24


We will give you police - Zille

A total of 250 000 police on the streets is one of the election promises Helen Zille made during an anti-drugs and gangsterism march in Manenberg, Cape Town.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
  • Thursday Cape Town - 05:35 AM
    Road name: Buitengracht Street
    TRAFFIC LIGHTS not working at Waterkant Street
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now! - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop 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

BlackBerry Bold 9780

BlackBerry 6 Engage your world with BlackBerry 6 OS on the...

From R3049.00

I'm shopping for:


Self-indulgence may be strong today. You may want to enjoy yourself to the fullest and share it with those that make you more

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


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 network.


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.