E-toll battle now in motorists’ hands
IT MAY now be up to society to choose whether e-tolling will survive or not, the Opposition to Urban Tolling Alliance (Outa) said on Thursday.
According to Outa chairman Wayne Duvenage, it was now up to other civic organisations, political parties, unions and individual citizens to lobby their ANC representatives who would be seeking re-election next year, for e-tolls to be suspended.
He was addressing a media briefing on Wednesday’s Supreme Court of Appeal ruling dismissing Outa’s challenge against e-tolling.
“In this regard, the Outa board will meet early next week to consider its position and make decisions on the way forward,” he said.
He said the lobby group could take the case to the Constitutional Court, but would not be able to proceed with the e-toll legal challenge unless it raised more money.
“Outa could, alternatively, cease to continue with further litigation and allow its case thus far to provide the grounds for a collateral challenge by one of its members or any motorist who is prosecuted for non-payment of e-tolls. We could also continue to support the public in its opposition e-tolling outside of the courts.”
Duvenage said it was astonished that the court in its judgment responded by refusing to consider and decide on the unlawfulness of e-tolling.
“Instead, it decided the appeal largely on the technical basis that there has been too long a delay in challenging e-tolling. In short, the court has said it is too late and has closed its eyes to the fact that e-tolling may be unlawful.
“We are bitterly disappointed that the Supreme Court adopted to take the course it did. We and our co-appellants have looked to the courts to protect our members and the road using public from the unlawful action of government, and the courts have thus far failed them.”
