AfriForum e-toll application dismissed

2012-04-25 17:17

Pretoria - AfriForum's application to be admitted as a friend of the court in an action against e-tolling was dismissed by the North Gauteng High Court on Wednesday.

Judge Bill Prinsloo said a tariff publication on April 13, which AfriForum was attacking, was not before him.

It was part of the supplementary affidavit dealing with the amendment to tariff exemptions, filed by the Opposition to Urban Tolling Alliance (Outa), which he struck from the court roll on Tuesday.

Prinsloo said the application was launched at a very late stage and was being opposed by the respondents, who include the SA National Roads Agency Limited (Sanral) and the Treasury.

It was inappropriate for a friend of the court to introduce new contentions based on fresh evidence, he said.

Taking sides

Earlier, Sanral's lawyer Bruce Leech said he took issue with the fact that AfriForum was aligning itself with Outa in opposing the tolling system.

He said a friend of the court had to assist the court, and not take sides.

"AfriForum is presenting new evidence. It's inviting argument issues that are not before the court."

AfriForum lawyer Greta Engelbrecht said the lobby group should be given the chance to make submissions that were relevant and useful.

"It must be something novel... not what the applicants have already said. AfriForum can do this as it draws attention to the publication of tariffs," she said.

AfriForum was asking the court to consider whether the publication of the e-toll tariffs on April 13 complied with Section 27 of the SA National Roads Agency Limited Act.

Irrelevant to the case

It wanted the court to look at whether the classification of vehicles was warranted.

Leech said none of the respondents had addressed this issue in their affidavits submitted to the court.

"They [AfriForum] must not be admitted because they can't assist on the issues presently in front of the court. She [Engelbrecht] wants to expand the scope of the issues with something new."

Leech said AfriForum's argument was irrelevant to the case.

Engelbrecht said AfriForum had been concerned about e-tolling from the outset.

"AfriForum has 36 000 members, of which 45% reside in Gauteng and are liable to use the roads," she said.

National Treasury's lawyer Jeremy Gauntlett agreed with Sanral. Both asked the judge to dismiss AfriForum's application and award costs. Prinsloo said costs would not be awarded.

Next, he was to hear arguments on the merit of Outa's case to have e-tolling scrapped.

  • George - 2012-04-25 18:08

    Well judge, those gantries are there, and we don't like them. Closing our eyes will not make them go away. Only action counts. DO NOT REGISTER. NO E_TAG , DO NOT PAY FOR WHAT IS ALREADY YOURS.

      Marcus - 2012-04-25 18:53

      I agree with this. We as tax paying hard work people have paid our dues. What about the taxi industry. They don\t pay tax. The make millions. The get away woith murder. Make them pay taxes and toll fees and then I'll pay my share. Oh I forgot. The government won't make them pay taxes nor toll fees as they the taxi industry will distroy the anc.

      zs5zk - 2012-04-26 14:10

      "CIVIL DISOBEDIENCE", The Motto of the ANC

  • george.pito - 2012-04-25 18:29

    The lawyer is called leech.

  • Fussed - 2012-04-25 18:36

    Here is something that the criminal elements must never find out: These fancy new "Toll-Gantries" all over Gauteng probably have: - TONS and TONS of copper wire. High quality copper that is worth Hundreds of thousands. - Fancy high quality digital cameras - Beautiful blue UV lights ideal for parties - And lots of steel and aluminium ideal for building Please keep this information as quiet as possible.

      Leon - 2012-04-25 18:40

      promoting crime for your own benefit are you? two wrongs dont make a right

      zs5zk - 2012-04-26 14:13

      The Scrap yards are going to make a fortune as my Motto is blow all those Gantries up in one night, the ANC Modus Opperandi.

  • Fussed - 2012-04-25 18:43

    I need it to pay to pay to pay to pay to pay

  • Fussed - 2012-04-25 19:09

    The copper wire is made up of .001% copper and 99.99% Rino horn

      zs5zk - 2012-04-26 14:15

      I Like that !!!!

  • Andre Kritzinger - 2012-04-25 19:25

    There is no turning back for this, but one thing is certain. Cant see tolls being done again.

      Bobby - 2012-04-25 23:13

      Nothing is impossible.

  • George - 2012-04-26 05:27

    It’s nice to take a vacation once in a while because this gives you physical and mental refreshment. I can still remember my unforgettable experience when I was in Bantayan Island. The place was indescribable. The surroundings were rare, pleasant to your soul.

  • Hugh - 2012-04-26 08:50

    Tell you what how about we agree to a 10 cent per km toll including taxis and busses who get the money back anyway because they are supposed to be Sars registered. That would be about the same as having a user pays petrol tax that is suposedly hard to separate fronm the fiscus.

      Steve - 2012-04-26 09:37

      What is wrong news24 dont you loke the government being call numbnuts? where is the article Floys Eish?Too hot to handle?

  • zs5zk - 2012-04-26 14:08

    Afriforum,instruct your members to refuse to pay or buy the Tags. 45% of 36000 members is going to put one HELL of a logistical problem on the courts, the Government and the E`Toll crowd. They will have to employ Thousands of staff to handle the problem and hence no more Profits for these Criminals.

  • Henri Robert - 2013-04-12 16:50

    No to etags...NO to etags...No to etags

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