A legal case against e-toll
DA said that its ‘fight’ against e-tolls, implemented in December, has been set down to take place in the Constitutional Court on March 4 and 5.
The Democratic Alliance has said it has a legal case against the implementation of e-tolls on Gauteng’s freeways.
The party submitted papers to the High Court in November 2013, arguing that legislation governing e-tolling was incorrectly tagged and should be declared unconstitutional.
In a statement last week, the DA said that its ‘fight’ against e-tolls, implemented in December, has been set down to take place in the Constitutional Court on March 4 and 5.
The DA has contended that the Constitution made a distinction between Bills that had an impact on national government and those which affected provincial government.
DA Gauteng Premier candidate, Mr Mmusi Maimane, said the e-toll Bill was incorrectly tagged as a national competency, which should be dealt with by the national government.
The party believes Gauteng legislature should have been given an opportunity to vote for, or against, the Bill.
“We believe that the incorrect tagging of the e-toll Bill effectively prevented the provincial legislature from deliberating on the e-toll Bill on behalf of the affected people,” said Mr Maimane.
“The tolling of roads impacts on many factors, such as urban planning, public transport and traffic regulations, all of which are the competency of provincial governments and municipalities,” he said.
“Because of this collective responsibility, the Bill should have been dealt with by the National Assembly, the NCOP and all provincial legislatures, called a section 76 Bill,” said Mr Maimane.
If the Bill is declared unconstitutional, it would mean that the National Assembly will have to start their deliberations again and hold another vote on the Bill.
The same will need to happen in each provincial legislature and the National Council of Provinces.
