'E-toll law unconstitutional' case to be heard

By Drum Digital
04 March 2014

The High Court in Cape Town will hear argument on Tuesday that legislation governing e-tolling should be declared unconstitutional.

Democratic Alliance spokesman Mmusi Maimane said on Sunday that the party approached the court because the Transport Laws and Related Matters Amendment Bill (the e-tolling bill) was incorrectly passed by Parliament and signed into law by President Jacob Zuma.

He said if the case is successful, the law would need to be sent back to Parliament to deliberate on for a second time.

The DA would argue that the law was incorrectly passed by the National Assembly as it was tagged as a Section 75 bill (debated in Parliament only) and not a Section 76 Bill (debated in Parliament and provinces).

"The people of Gauteng were therefore denied a voice in the passing of the e-tolling bill due to it not appearing before the provincial legislature," Maimane said.

He said should the DA win the case in the high court, the matter would automatically be referred to the Constitutional Court where the law may be declared unconstitutional. - Sapa

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