JOHANNESBURG -  The Opposition to Urban Tolling Alliance (Outa)  was triumphant in their last minute attempt to stop e-tolling in April, when the North Gauteng High Court granted them an interdict which ordered a full review of the project.

A few weeks later, the National Treasury and the SA National Roads Agency Ltd (Sanral)    filed papers with the Constitutional Court to appeal that interdict.  

The e-toll project, used to fund the Gauteng Freeway Improvement Project, was to be implemented over the N1, N12, N3 and R21 highways.

The Democratic Alliance (DA) has applied to join the Constitutional Court case as a friend of the court.

“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 ML Jack Bloom said.

Outa chairman Wayne Duvenhage said that there was no problem with the DA joining in court proceedings, but Sanral and the National Treasury have indicated their opposition to it.
Bloom said that courts should be cautious to interfere with or second- guess executive policy decisions and choices.

“This will be a landmark case in our Constitutional history,” he said.

– yadhanaj@citizen.co.za