The Opposition to Urban Tolling Alliance (OUTA) says this morning’s Constitutional Court hearing is a minor set back.

OUTA Chairperson, Wayne Duvenage, who was speaking to journalists outside court says: “We were expecting that it might not go our way, it doesn’t necessarily scupper our case at all in the review in November. We very confident of our case there. I think the question now is what does Sanral do? Do they start tolling? It’s not something that they can switch on immediately, their biggest challenge is the public participation and buy-in to the process there’s still a lot of admin matters that still have to be sorted out.”

The Constitutional Court overturned the High Court interdict which stalled the roll out of e-tolls in Gauteng. Sanral and the Treasury won their Constitutional Court appeal against the interdict. In a unanimous decision, the Constitutional Court set aside the interdict.

The Constitutional Court found that North Gauteng High Court Judge Bill Prinsloo did not properly consider the principle of separation of powers. The principle means that courts should not intervene in the law-making domain of government.

Deputy Chief Justice Dikgang Moseneke says, absent any fraud, corruption or unlawful act courts cannot meddle in government work. “Our judgment has concluded that the interim interdict must be set aside because the High Court failed to consider or to give effect to the constitutional imperative of the separation of powers.”

Moseneke added: “Courts must refrain from entering the exclusive domain of the executive and legislative branches of government unless the intrusion is mandated by the constitution.”

 

 

Source: http://www.sabc.co.za