ConCourt grants govt appeal on tolls

2012-09-20 10:27

Johannesburg - The Constitutional Court set aside an interim order that put on hold a plan to toll highways in Gauteng, in a judgment on Wednesday.

"The interim order granted by the high court on 28 April, 2012, is set aside," said Deputy Chief Justice Dikgang Moseneke.

This was because the high court had not considered the separation of powers between the court and the executive.

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 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 a judicial review.

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

Reading the unanimous judgment, Moseneke said the separation of powers was vital to South Africa's constitutional democracy.

Courts should refrain from doing this unless they did so in a constitutional way and in exceptional circumstances.

The national executive was responsible for public resources and, "absent of fraud or corruption", had the power and prerogative to implement and finance projects, with the approval of Parliament.

"Courts are not always well-suited to make decisions of that order," said Moseneke.

Outa leader Wayne Duvenage said after the judgment: "They can't start e-tolls tomorrow. Sanral would have to put plans in place and still deal with some outstanding issues."

  • TrueTenacity - 2012-09-20 10:32

    R12+/l for petrol and etolls... fun...

      alan.gernet - 2012-09-20 10:55

      why - who is paying for e-tolls? Certainly not me!!!!! I refuse to support corruption anymore.

      andrew.mackie.90 - 2012-09-20 11:23

      Next we will be told this extra expense will not affect the cost of living!! Let the chaos begin.

      makenawn - 2012-09-20 11:41

      Who is going to benefit in this contract.Who are they protecting.This is abuse of democracy in the name of the majority

      heathway.master - 2012-09-20 11:53

      Time for Plan B. The Government blatantly refuses to listen to its tax payers. The Black miners never gave up until a settlement was reached. If they can protest and cause havoc like they have over the past months, why can't the Gauteng motorists have the same right. As Julius wanted to make the mine ungovernable, so must we collapse the whole system by totally ignoring the fact that it is in place. Throw any and all correspondence in the dustbin, and never give this criminality a second thought. Let’s see how this dictatorial Government handles such complete public disobedience. As said, ignore whole tolling system by training your mind to believe it just does not exist at all.

      clifford.sithole.5 - 2012-09-20 15:27

      The only problem is if we don't pay the government will just put a hefty increase on the fuel price to accomadate the e-tolls. Eihter way we are F#CK3@ !!! - 2012-09-21 02:01

      OUTA gave people false hope. Nothing is free in this world. When you want better service, you have to be prepared to PAY for it. Otherwise move to Australia. Australia is offering free pass for some people willing to PAY. All sane people budgeted for this when they saw the road upgrade happening. I knew that what OUTA was proposing was poo from the start. This is also a time for OUTA to show its true colours. Whether they are a bunch of unruly hooligans or law abiding citizens or it’s an organisation with an agenda funded by faceless people? All sane people know that there is a section of people (the sore losers) in this country who hope and pray that it burns to the ground.

      dewaldmontgomery - 2012-09-21 09:45

      Watch this space. Court case for fuel levy relieve. We can't pay for Gauteng roads via a fuel levy AND tolls. It's called STEALING. Nevertheless, what else do we expect from a corrupt, mafioso ANC diseased government?

  • johan.vanhoff - 2012-09-20 10:34


      ann.murray.9279 - 2012-09-20 10:51

      AGREED 1,000,000 % Johan! I refuse point-blank to be blackmailed by anyone and that includes the government!!!!!!

      alan.gernet - 2012-09-20 11:03

      @Martin. This is not about whites - this is the GOVT VS THE COUNTRY. If ever there was a time to stand up against corrupt rule in SA, it is NOW!!! Appears that even the Justice System has failed. Could there have been Cadre interference??? hmmmm Well - if the Govt thought that the Mine Strikes were a headache - they wil soon know what a MIGRANE is!! lmml @ the Muppets. They are in for it now!

      rbphiri - 2012-09-20 11:04


      lassieface - 2012-09-20 11:06


      maureen.churchill.9 - 2012-09-20 11:20

      South Africa cannot stick millions of people in jail, with all the criminals already there, there's no place left at the inn

      davin.hansen007 - 2012-09-20 11:29

      I didn't apply the first time and I will forsure not register this time. Oh and... I am not paying a cent to e-toll.

      bradley.kecskes - 2012-09-20 12:50

      back roads here I come.

      travis.vermaak - 2012-09-20 13:43

      NOT PAYING!!!

      tshepo.maganedisa - 2012-09-20 14:03

      @martin why whites when blacks also uses the road and pay too - stupid. I think you should be paying for all of us just for carrying an empty head all day adding to traffic jam

      heathway.master - 2012-09-20 14:28

      There will always be those timid and scared goody two shoes motorists who will get e-tolls and support the system. Most companies will also with their own vehicles. The private motorist’s objective must be to never let SANRALS income ever exceed the criminal running costs of the scheme i.e. 40% of revenue collected. They will have a break even cost where they start to make an income. By forcing the toll fees recovered to remain below the break even costs, the Government will have to pay in each year to keep the system solvent, rather than earn a healthy profit as they now assume they will. Once this is seen as a pattern, the whole scheme will have to be abandoned.

      sibusiso.mkoko - 2012-09-20 17:20

      DON'T DRIVE ON N1 THEN! pay-up or get off! - 2012-09-21 02:01

      OUTA gave people false hope. Nothing is free in this world. When you want better service, you have to be prepared to PAY for it. Otherwise move to Australia. Australia is offering free pass for some people willing to PAY. All sane people budgeted for this when they saw the road upgrade happening. I knew that what OUTA was proposing was poo from the start. This is also a time for OUTA to show its true colours. Whether they are a bunch of unruly hooligans or law abiding citizens or it’s an organisation with an agenda funded by faceless people? All sane people know that there is a section of people (the sore losers) in this country who hope and pray that it burns to the ground.

  • javed.chogle - 2012-09-20 10:37

    This BS !

  • andres.dewet - 2012-09-20 10:37

    This is going to bite the Gauteng ANC in the ass in 2014. Well done kleptocrats! :-(

      alan.gernet - 2012-09-20 10:56

      Like the Kleptocrats!

  • adrian.snyman.16 - 2012-09-20 10:39

    Unfortunately, they don't actually realize that this goes beyond financial now - it's now a matter of principle. People will spend R5 on fuel to avoid a R2 toll, just to prove a point. Others just won't pay. So at the end of the day, it's just 1 BIG headache for those that have steamrolled this through.

  • victor.windsor - 2012-09-20 10:41

    I will not register

  • jacobs.clint - 2012-09-20 10:42

    Moegoe Moegoe the Unbiased jurist NOT! Bend over folks here it comes with no KY!

      alan.gernet - 2012-09-20 10:52

      Yeah - we know exaxtly WHY th Moegoe got appointed! Cadres of the world, UNITE!

      jacobs.clint - 2012-09-20 11:03

      The real reason is to change the constitution which the cANCer need to do so that they can rule until the next coming (not talking JZ) but in the interim why not make a few extra buck with the appointment....

      julia.leftwich - 2012-09-20 20:18

      That's exactly what I was thinking the second I read the headline, Jacobs.

      julia.leftwich - 2012-09-20 20:19

      Sorry.. Clint:)

  • paul.els1 - 2012-09-20 10:43

    Sure when the DA will abandon the tolls when they come to rule. What a nice selling point, thank you very much anc...

      andres.dewet - 2012-09-20 10:49

      Ring-fenced provincialised fuel levies, that's the route the DA would go. ANC won't go that route, because leaving the money completely in the Nat'l Treasury's hands closes too many doors where corruption and kick-backs can occur.

      flysouth - 2012-09-20 11:21

      Fact is, every such act of pillage and failure by the ANC brings us closer to the day when they will be removed as government. By now even the most stupid and blindly loyal can see - and feel - how they are being shafted by this disgusting government.

  • DJPotifar - 2012-09-20 10:43


  • wilhelm.grobbelaar - 2012-09-20 10:44

    Now is the time for us to burn it down. The government don't have to pay e-tolling and they only pay half of their tax in any case. What's good for one is good for all. The government officials should also pay e-tolling.

      clinton.bowden1 - 2012-09-20 10:50

      Its not good that goverment officials pay e-tolls. your taxes pay their salaries so they will just claim it back as "expenses" or demand higher salaries which means you'll just pay more taxes....the real solution is to actually just get rid of goverment, place kids with a Grade 4-7 levels of education in goverment because that seems good enough to run the country these days

  • tresso.sven - 2012-09-20 10:44

    Am sick and tired of turning the other cheek. Petrol , Property tax , incompetent billing Department and now E tolling .....I wont pay this

  • trevorlbennett - 2012-09-20 10:44

    I pray for the demise of the ANC organisation, because it seems like time and time again they keep on adding burden to the citizens of this country as long as it benefits them.

      Robin - 2012-09-20 14:33

      Yeah the road will be nice and open for their blue light convoy's..

  • lacrimose.wolf - 2012-09-20 10:45

    OK so govt expects ALL of us to pay global market-related prices for fuel, tolls, food, clothing, transport etc. So to use the miner's stand point, we then all demand that we get paid global market related salaries. Not just senior management and parliamentarians. Everyone. It's the only way we can possibly survive this relentless onslaught on our after-tax income

  • elenthal - 2012-09-20 10:45

    legalised THEFT.. i dont know why we pay taxes if we need to pay for tollgates too... what a joke

  • avanwyk2 - 2012-09-20 10:46

    And that is why the attention was diverted the past 6 weeks to Lonmin massacre

  • steve.gibson.146612 - 2012-09-20 10:47

    Time now to donate to OUTA as soon as possible.

  • natalie.pennel - 2012-09-20 10:47

    Once they start charging, IT WILL NEVER be stopped!! Time to get those protesting shoes on, make your voice heard

      stevie0064 - 2012-09-20 11:06

      You'll need a bullet-proof vest as well...

      kenneth.roselt - 2012-09-20 12:01

      @stevie - funnily enough, i have ordered a bullet proof vest...

  • kobus.oosthuizen.58 - 2012-09-20 10:49


  • heinrich.kruger.18 - 2012-09-20 10:49

    Die Wet van Transvaal, ... of betaal!

  • henk.vanrensburg.31 - 2012-09-20 10:49

    So the courts say. And the people of this province has to stand together now and get rid of the ANC

  • diederik.vanthof - 2012-09-20 10:49


      clinton.bowden1 - 2012-09-20 10:52

      How exactly do you pronounce the "cccccccccccccccccccccccccckkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk" part in that ?

      Dave - 2012-09-20 11:29

      banele, what your postal address, we will send all our accounts to you

      lelanie.prinsloo - 2012-09-20 11:50

      banele.xaji,what you seem to forget is taxi cost will also increase and so will other public transport, so will your food costs etc.

      leonard.w.gray - 2012-09-20 11:57

      banele you are a cake, its people like you that vote for the ANC which is systematically screwing everyone over. Open your eyes to the reality! The government only does things to make money. They are not for the people, they want to rape the people to the point of bankruptcy!!!!

      steve.gibson.146612 - 2012-09-20 13:55

      @banele I basically have no problem paying a fair price for anything I use although I am already over taxed. What I object to is that the costs associated with the collection of tolls is higher than the costs of the upgrade of these same roads. I also will bet that some of this money is ending up on the gravy train!!!!!!!

  • shaylene.stenger - 2012-09-20 10:49

    lets do what the strikers do in this country.... loot and destroy the gantries... im sure goverment will take notice then

      stevie0064 - 2012-09-20 11:08

      Sure, and they might just deal with it in the same way they dealt with striking miners - with sharp ammunition and trigger-happy cops.

  • jumbo.swart - 2012-09-20 10:50

    Time to register all my cars in the cape where I have property

      Mathaithai - 2012-09-20 10:57

      Thats a supid idea! If this is rolled out, you are still going to pay!

      Erna - 2012-09-20 11:25

      Won't help very much, they'll register you every time you ride through. Unless you are planning to go the long way via Cape Town.

  • jeremy.thewasp - 2012-09-20 10:51

    I am not donating one cent more to this African embarrassment of a Govt called ANC The bastards have to wear gloves these days from finger wear and tear they got their arms so deep in the coffers.. I would love to see a list of ANC officials who are to benefit from E tolling.. Go get faked ANC, you corrupt thiefing useless twats!

  • alan.gernet - 2012-09-20 10:51

    So now we know how 'just' the legal system is in SA. Talk about a Banana Republic!

  • henry.peng.98 - 2012-09-20 10:51

    Marikana had a strike - They got What they want I dont want to turn this into the same as the miner went though. but Which business / person in Gauteng (nevermind) other province people visting Gauteng would like to pay this? Why DO WE HAVE TO PAY MORE! Tomorrow, all food prices will rocket up The Elites wont mind cos its penuts for them... but for the normal poeple out there, how much % of people can actually say they can save money at the end of the month? Not paying toll - Same roads Paying toll - Same roads We DO NOT have another option. Tell us Take a Bus/Taxi/Train. Didnt Mr Zuma see for himself that the Trains are OVER crowded?? This is saying, to us Gautengers - Tough luck, we get what we want..

      alan.gernet - 2012-09-20 10:57

      Yeah - one step closer to the SA "Arab Spring'

  • AbrahamsTT - 2012-09-20 10:51

    R21 - guess I gotta find another route where there are no Etolls...

      Alan - 2012-09-20 10:59

      No you don't. Just don't f%&king pay!

  • rowan.maulson - 2012-09-20 10:51

    Makes absolutely no difference really, other than to piss the voters off even more. So they start tolling, and more than 80% of people don't pay and the project fails miserably.

  • jumbo.swart - 2012-09-20 10:52

    Also as long as taxis dont pay neither will I

  • Thebigguyjim - 2012-09-20 10:52

    This is only the beginning. I will not register and I will use the road, (I have paid for them already with all the taxes and fuel levies i pay) see if they can find me to bill me. They still have the review ahead of them, where they will HAVE to disclose full financial and all other details to the court.

  • grant.logan.94 - 2012-09-20 10:53

    But come next election they'll still put their X next to ANC then come knocking on your door for "please sir, I want some more". Even I'm upset and I'm a Capie.

      darryl.maze.3 - 2012-09-20 10:57

      So true grant. They vote for there ANC to screw them over more, but then they come to the white man for food and money

      darryl.maze.3 - 2012-09-20 11:07

      Well then keep on living in the past Mathaitai. Let this ANC keep running this country into the ground. Just dont come crying when you have nothing and your ANC are living in big luxury houses and your in the cold wet weather.

      tshidiso.mathang - 2012-09-20 11:34

      Mathaithai that's a lame excuse, all we need to do is to take away majority from this ANC we've been voting for.\r\nBishop Tutu said this government does not represent the will of the people and we must pray for it's fall just like we did with the apartheid government.

      bheki.moyo.39 - 2012-09-20 11:48

      Who are those you are talking about? Who did you vote for?

      sibusiso.mkoko - 2012-09-20 17:30

      liar. no1 ever came to ur door. ur gates are always locked, always! coward. u have german-what-what dogs sitting ontop of a black tyre (ooh, we all know why ryt) with teeth as sharp as a knife, u have 3 alarm systems, a 2-metre high perimeter fence, and elecrtic fencing. some even a guard. Now tell us how the freakin hell some1 can reach ur door and say "sorry bass grant, i need more". u probably dnt even have that 'more' yet you 'work hard'. Liar

  • zahir.patel - 2012-09-20 10:56

    Bledy ridiculous

  • henk.vanrensburg.31 - 2012-09-20 10:57

    We should all go out buy an Etag and leave it at home. All other manual toll gates must and I emphasise MUST BE PAID with at least a R 100.00 bill. Let them kep stock piles of change!

      alan.gernet - 2012-09-20 11:05

      Nope - nobody shoUld buy eTAGS!

      henk.vanrensburg.31 - 2012-09-20 11:23

      Alan to give them false hope man.....

  • brian.mokhawana - 2012-09-20 10:58

    I should think somebody has to have some C4 explosives, call me i will help you charge those

  • jacques.smit - 2012-09-20 10:58

    To be fair, then Fuel needs to ONLY have a 14% on it, as all other products in SA.. Then you can justify your tolls..

      darryl.maze.3 - 2012-09-20 11:03

      jacques, We have an uneducated government running this country. They can not do maths. They do not know what they are doing. The only thing they know is how to steal and live the high life and get fat.

      jacobs.clint - 2012-09-20 11:13

      Nope they are well educated...Well educated in fleecing the public!!!!!!!1

  • adriaan.pieterse - 2012-09-20 10:58

    They can go F*&* themselves...

  • connie.mlonyeni - 2012-09-20 10:58

    OMG! - I'm not paying this nevertheless..i would rather not use these highways..

  • strauss.bornman - 2012-09-20 11:00

    I don't know who did the economic impact of this project but they clearly didn't care about the public when they did. For Example a person that get just enough to Pay his place where he lives, what he drives, food, fuel to get to work and back and a person that cleans the persons home, and he pays her about R2500. If E-tol costs him now R2000, most people won't scale down on their home and car, they are going to rather let the worker go, because that is alot easier then the car or the house, so this is going to cause a lot of people to lose their jobs, and increase the unemployed number. This is without reckoning in the Price that is going to go up for everything else. Basicly this project is going to cripple Gauteng

  • baggio.PNL - 2012-09-20 11:01

    petrol price is high already we dont need e-toll for what..........

  • douglas.reid.921 - 2012-09-20 11:01

    Very easy, if nobody pays then they will have one hell of a job trying to collect. This is just another clever scheme to help enrich the Kadres. F*#k them.

  • heini.botes - 2012-09-20 11:02

    E-Toll can suck my Toll-E

  • PERCYMN - 2012-09-20 11:02

    Slowly bt surely ANC has become dictoters, they've lost one vote frm me nxt elections.

      heini.botes - 2012-09-20 11:09

      Only now my friend?

  • mbali.mvuyana - 2012-09-20 11:04

    Fu*k! I go through like 20 of those things daily on a single trip!

  • lassieface - 2012-09-20 11:05

    This country is crippling in poverty, and it's not going to get better any time soon. Record fuel prices and now E-Tolls for the normal citizens, and the president gets a salary increase. Seems like corruption really is going to the top DOGS!

  • kaykay.son.50 - 2012-09-20 11:07

    Majority of people who registered for e-tall last time were "RICH" black BEE who thought registering will be used as a bench mark for tender process and application from the government and SOME "RICH" white people who together with the black elite are saying it is going to remove all vintage cars on the road and live them with their classy top of the range makes to cruise freely without indifference. Don't ask me where I got the stats because it is classified.

      bheki.moyo.39 - 2012-09-20 11:45

      Don't be biased know your facts. There isn't any of thing of that nature

  • molebatsa.sethusankoele - 2012-09-20 11:08

    ooh hell no is this matter still on the negotiations .the is nothing to discuss we will not pay etolls ,other wise sanra must pay for my tires,disc,tol gates cost must be cut in half...this is is daylight robery.

  • anakin.skyvader.9 - 2012-09-20 11:09

    I DEMAND not to be registered. They can chase after me forever with their registered mailed invoices. I will make it as difficult as I possibly can for them besides taking all the other detours around the toll gantries.

  • KReddy - 2012-09-20 11:09

    Where's gasbag Malema when u need him... Seems to me as long as those already dependent on government (aka the poor) are free of paying for these things, the gov will do as it pleases, and get the votes to persist. Gov cannot stratify payment for using these roads. All parties, taxis included, MUST pay. Or I'm not. Watch how aarto et al is going to be ammended to trap us all to pay fEes when we re register our cars. One less vote for anc at least...

  • david.davids.5070276 - 2012-09-20 11:13

    ADVANTAGES OF THE E-TOLLING 1) No more blue light convoys - the payways will be empty 2) JMPD will have to find new ways of raising revenue - no speeding on the payways due to no cars and no speeding on the by-ways, too much traffic I'm trying to be an optimist, but failing badly

  • Petzer.Franc - 2012-09-20 11:16

    If 8000 people a day for 30 days don't pay, resultant court\r\n action will clog the courts for 20 years,teach em a lesson