ConCourt eyed over e-tolling
10 August 2012 | YADHANA JADOO
JOHANNESBURG - The North Gauteng High Court granted an interdict in April to the Opposition to Urban Tolling Alliance (Outa), for a full review on e- tolls to take place. The review is expected to be heard in the same court in November.
“We are very confident about the review, this is what we have been wanting all along. We want to show the court and get the judge to rule that e-tolling is not right and rational and did not fol low due processes,” said Outa chairman Wayne Duvenhage earlier this month.
However, the National Treasury and the SA National Roads Agency Ltd (Sanral) will be trying to overturn this decision in the Constitutional Court on Wednesday.
The Democratic Alliance (DA) has applied to join the Constitutional Court case as a friend of the court.
“As a political party, the DA has an interest in the key issue in this case, namely the extent to which courts can and should exercise their powers to interdict government conduct intended to realise state policies pending the resolution of a legal dispute,” DA MPL Jack Bloom said in a statement this week.
He added that Outa welcomed the application, however, Sanral and the National Treasury asserted their opposition.
The party said that courts “should be cautious” to interfere with or second-guess executive “policy” decisions and choices.
“But in this instance Government is attempting to restrict the court’s ability to review decisions to the most narrow grounds possible. If Government wins then expect to see more decisions like the e-tolls pushed through without proper consultation.
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