E-toll ruling expected soon

2012-09-19 20:47

Johannesburg - Gauteng motorists will hear on Thursday whether e-tolling will go ahead, when the Constitutional Court is expected to decide whether to overturn an interim interdict preventing e-tolling.

The North Gauteng High Court in Pretoria granted the Opposition to Urban Tolling Alliance (Outa) an interdict on 28 April, 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.

Sanral argued that delays in the project, due to the court's order, prevented it from paying off debts incurred in building gantries.

National Treasury lawyer Jeremy Gauntlett said High Court Judge Bill Prinsloo did not provide adequate reasons for his decision to grant the interdict.

Outa's lawyer Alistair Franklin argued that Sanral's choice of e-tolling as a method of funding caused it more damage than the court order.

He said the interim interdict was not the cause of "irreparable harm" to the road agency.

It rather suffered "self-imposed" harm by not looking at alternative funding models, Franklin said.

The court heard that Sanral was not ready to put the project into effect and this was reflected by the absence of a new tariff notice.

Sanral said public transport would be exempted from e-tolling, but these exemptions had not been published.

The court heard that Sanral had also not distinguished between the driver, user and owner of a vehicle who would be tolled.

Sanral lawyer David Unterhalter SC submitted that the costs of collection for e-tolling should have been examined holistically.

He said the rate of non-compliance was not a proper reason for a review of the project.

He said there were measures to manage deviance and those who did not comply would face criminal sanctions.

Unterhalter admitted that there were mistakes and faults with the system, but said it was ready to be introduced.

  • henk.vanrensburg.31 - 2012-09-19 21:03

    Sorr y ne. But i wont pay for a road constructed 40 years ago..... And what happened to my fuel levied tax for the last 18 years. F u!

      max.reynecke - 2012-09-20 05:48

      Easy for you to say, I assume you don't stay in Gauteng. For the rest of us they will hopefully give some free KY with the e-tags.

      henk.vanrensburg.31 - 2012-09-20 06:45

      max I am a gautenger, the type which wastes a lot of fuel in grid lock traffic. i think we have paid enough

      leon.groenewald.scuba.33 - 2012-09-20 07:32

      If the interdict is overturned, it is time for mass civil disobedience! If we all refuse to pay, that's that. People should not fear their government, a government should fear its people.

      preshen.govender.90 - 2012-09-20 08:17

      "Don’t pay e-toll, Don’t pay"

  • kim.buren - 2012-09-19 21:03

    Not our fault you paid for these white elephants out the governments pension fund.

      boltonbarry - 2012-09-19 21:05

      Was going to say what Kim just did

  • elgh.elgh - 2012-09-19 21:06

    We have seen quite a bit of revolt if I may in the past 5 weeks in certain industries. The general public could also possibly engage in similar activities if the ruling goes the wrong way. We are not prepared to fill the fat cats pockets even more and anymore.

  • dave.elmore.5 - 2012-09-19 21:07

    Predictions anyone on tomorrow then?

      henk.vanrensburg.31 - 2012-09-19 21:10

      moegoe eng is going to make sure this goes the Cadres way

      dave.elmore.5 - 2012-09-19 21:25

      Zuma has seen the opposition, does he want Malema to take on this one too? Right now I think this will be delayed once again until after conference

      mc.segal.5 - 2012-09-20 05:38

      Love to see how Cosatu deals wth the outcome after all their previous noise.

  • John Badenhorst - 2012-09-19 21:17

    AND.....the fuel price goes up again in two weeks time by an average of 37c p/l?????????????? Government should supply the entire country with a decent jar of Vaseline cos its getting a tad painful now..

  • renier.lubbe.7 - 2012-09-19 21:21

    At the end of the day only law abiding citizens with legally registered vehicles will pay. That is why this project must be boycotted by any means possible.

  • - 2012-09-19 21:27

    Always was and always will be..... NO TO E-TOLLS...fof...

  • des.cider - 2012-09-19 21:28

    Indeed David Unterhalter SC, the police are well known for their ways to manage non-compliance of late, no matter how serious the issues. We will run the Gauntlett

  • sefako.mokgalaka - 2012-09-19 21:31

    I am against e-tolling. 1st world idea in a 3rd world country.

  • ian.d.samson - 2012-09-19 21:41

    If ConCourt overturns the ruling, Marikana will look like a tea party! Anticipate some extremely violent reaction if the ruling is overturned.

  • robert.warriner - 2012-09-19 21:47

    Where is the alternative transport ... and no, a mini bus taxi is NOT public transport. Sorry SANRAL ... bug off!

  • riaan.schalkwyk.5 - 2012-09-19 21:55

    O no, i am still trying to pay my lecktrick bills from last month :(

  • chere.nienaber - 2012-09-19 21:56

    On what grounds will they charge me if I don't pay? Since I've paid for the same road 10 TIMES already! They're most definitely not using the fuel levy OR tax that I'm already paying (dearly) for to fix any of the other roads... So I take it I'm paying for the tollgates ONLY. You can go to hell!!

  • Gorden Park - 2012-09-19 22:22

    I thought these milk men gave up already oh wait they have to get their fat bonuses somewhere

  • douglas.reid.921 - 2012-09-19 23:07

    The vampire anc need more blood from the people to enjoy their millionaire lifestyles. Just another scam. One day the people will vote a decent patty into power .

      john.ferreira.1213 - 2012-09-20 07:42

      Sorry Douglas, while our borders are open to all and sundry to every black in Africa wanting a better life in the land of milk and honey the ANC will always be in power. That is why the powers that be do nothing about it but rather give them asylum, and then later citizenship so that they in turn again vote ANC. So my friend, not in your or my lifetime (and I am 65 years old) will we ever again see a white government or even another better black government.

  • anthony.richardson.961 - 2012-09-19 23:13

    R21N, 4 lanes down to 1 because they are ripping up the road surface which is probably less than 12 nonths old. N1S, roadworks from Panorama toll gate through Pretoria, N12 Bokskburg - Benoni area roadworks, enough said. And I should pay for what???\r\n\r\nCame throgh Giloolies tonight, 6 lanes crawling along. GFIP my ass!

  • IcemanGP - 2012-09-20 05:24

    Admitted there were mistakes and faults with the system. But who gives a Fkk, the dumb citizens must pay. And pay they will, if there is one thing i can say about cANCer, they are good at making money off the citizens.

      mc.segal.5 - 2012-09-20 05:35

      Still not getting an e tag

  • Gerald Jordaan - 2012-09-20 05:47

    Lets see the ruling...and what Cosatu et al do in the event of a Pravin Peckerwood / Sanral win !?

  • warwick.railton.7 - 2012-09-20 06:46

    Simply do not comply, do not get an e-tag. Drown this corrupt system in paperwork & non-compliance. We will force their surrender and make this monster collapse. The judge is an anc stooge, he will force the issue the anc way – it’s our turn to give Moegoe Moegoe and his anc henchmen the middle finger. E-tolling is another bad anc idea, a get rich quick scheme for certain cadres and scumral bosses. No to e-tolling – bottom line. To get tagged is to condone corruption, do the right thing and resist the anc troll tax.

  • melusi.myaluza - 2012-09-20 07:13

    i hope the judges aren't loyal to the ruling party

  • brad.herbert.522 - 2012-09-20 07:22

    There is no F'ing way I am paying a penny towards E-Toll. The whole project is sub-standard, lights don't work, roads are collapsing and already in need of repairs. water drainage is an issue, the project has not been completed on most of the highway... WTF must we pay for?

  • hennie.deruyter - 2012-09-20 07:44

    The original freeways in SA were all built with fuel levies many years ago. Why can't improvements to them not also be funded by fuel levy, even if it must then go up? Funding via fuel levy will also elliminate the insentive to use alternative routes. What are the M1 and M2 going to be like when they remain the only untolled freeways in Jozi?

  • kyle.buitendag - 2012-09-20 07:53

    suck it sanral, you rubbish thieves......

  • nasiefa.jacksonlazarus - 2012-09-20 08:14

    Along with petrol prices sky rocketing i so dont think so !!! F#$k E-TOLL!!!!!!!!

  • cj.venter - 2012-09-20 08:31

    come what may, i won't pay!

  • makarapakaplan - 2012-09-20 09:40

    If anything many off the off ramps and on ramps are worse now then before the upgrades, e tolls can go to HELL!

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