A full review hearing of the e-tolling case will take place on 26 November in the North Gauteng High Court, following a meeting with the legal teams of the South African National Roads Agency Limited (SANRAL), the Opposition to Urban Tolling Association (OUTA) and the Deputy Judge President in the North Gauteng High Court.

SANRAL’s plan to subject citizens to an elaborate and expensive e-tolling process to pay for the Gauteng Freeway Improvement Project (GFIP) in April 2012, was met with fierce opposition by the public. OUTA, an alliance of business and public participants was successful in halting the launch of e-tolling in Gauteng on 28 April, just days before its planned launch on 30 April, pending a full review of the decision to toll these routes.

The merits of OUTA’s case is structured around the unreasonableness of the high costs involved, along with the irrationality of the plan combined with a number of legislative and procedural transgressions by SANRAL and the government departments of Transport and Environmental Affairs. All affidavits pertaining to the case can be read and downloaded from the OUTA website at www.outa.co.za.

The main matter to be heard

Despite the fact that Treasury is appealing the interdict in the Constitutional Court on 15 August, whether the appeal finds in favour of SANRAL, this may only allow the interdict to be set aside and for tolling to commence, until such time as the review is heard in November. It is ultimately this review of SANRAL’s plan to toll the GFIP which is the main matter which OUTA requires to be heard in the High Court.

OUTA have filed their supplementary affidavit in mid-July and now awaits the respondents answering affidavits to be served by 17 September, whereafter OUTA will produce its replying affidavit by 1 October, in time for the heads of argument to be filed in the High Court by 22 October, giving the judge time to prepare for the hearing on 26 November.

OUTA still requires considerable funding for the court battle and urges citizens and businesses in South Africa to participate by contributing toward the legal costs of this case.

Source: bizcommunity