Get more Mail & Guardian
Subscribe or Login

DA to challenge e-tolls in court

The fight against e-tolling in Gauteng is not over, the DA said on Thursday.

"Without fail, we chose the most cumbersome, the most expensive … system that only benefits a few, rather than considering the majority of this province," said Democratic Alliance spokesperson Mmusi Maimane.

"We feel there was a fundamental flaw in the process to begin with."

The DA will bring a high court application to fight the constitutionality of the e-toll Bill signed by President Jacob Zuma in September.

The DA believed the Bill was incorrectly passed by Parliament and signed into law by Zuma.

It contended that the Constitution made a distinction between Bills that had an impact on national government and those which affected provincial government.

Maimane said the Bill was incorrectly tagged as a national competency that should be dealt with by the national government.

For or against
The Gauteng legislature should have been given an opportunity to vote for or against the Bill, he said.

"We believe that the incorrect tagging of the e-toll Bill effectively prevented the provincial legislature from deliberating on the e-toll Bill on behalf of the affected people," he said.

"The e-tolls Bill allows the South African National Roads Agency Ltd [Sanral] to toll roads in Gauteng and every other province."

The DA filed its application in the Western Cape High Court on Wednesday.

It asked the court to hear the matter urgently.

On September 25, Zuma signed into law the Transport Laws and Related Matters Amendment Bill, giving the go-ahead for e-tolling in Gauteng.

Dismissed
A legal challenge to e-tolling by the Opposition to Urban Tolling Alliance (Outa) was dismissed by the Supreme Court of Appeal on October 9.

Outa announced on October 18 that it did not have enough money to continue the legal fight against e-tolling.

Outa's argument was that Sanral and government did not conduct a proper public participation process.

Maimane said the DA application differed from the Outa application because it was about the tagging of the Bill. – Sapa

Subscribe for R500/year

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them and get a 57% discount in your first year.

Sapa
Guest Author

Related stories

WELCOME TO YOUR M&G

If you’re reading this, you clearly have great taste

If you haven’t already, you can subscribe to the Mail & Guardian for less than the cost of a cup of coffee a week, and get more great reads.

Already a subscriber? Sign in here

Advertising

Subscribers only

Zondo commission: 10 unanswered questions

Zuma went to jail rather than testify. Some who did told blatant lies. Who decided Cabinet appointments and how much money was carried out of Saxonwold?

Local elections: Water tops the agenda in Limpopo’s dry villages

People in the Fetakgomo Tubatse local municipality, who have to collect water from Motse River, are backing independent candidates because they’re tired of parties’ election promises

More top stories

Zondo commission: 10 unanswered questions

Zuma went to jail rather than testify. Some who did told blatant lies. Who decided Cabinet appointments and how much money was carried out of Saxonwold?

Nigeria’s palm wine tappers face stiff competition

Large companies such as International Breweries and Nigerian Breweries are vying for the population’s drinking money

Covid-19 border closures hit Zimbabwe’s women traders hard

The past 18 months have been tough for women cross-border traders, who saw their income vanish when borders closed

Local elections: Water tops the agenda in Limpopo’s dry villages

People in the Fetakgomo Tubatse local municipality, who have to collect water from Motse River, are backing independent candidates because they’re tired of parties’ election promises
Advertising

press releases

Loading latest Press Releases…
×