Yadhana Jadoo
Political Editor
1 minute read
5 Nov 2013
6:40 am

FF+ wants e-toll Bill declared unconstitutional

Yadhana Jadoo

The Freedom Front Plus (FF+) will approach the North Gauteng High Court next Monday to launch an application to have the controversial "e-toll Bill" declared unconstitutional.

File picture: A Sanral e-tag.

In a bid to delay the e-toll project – which is set to roll-out at the end of the year – FF+ spokesman Advocate Anton Alberts has said that the party’s legal advocates would finalise all the legal documents by the end of the week.

The FF+ plans to challenge the Transport Laws and Related Matters Amendment Bill, signed by President Jacob Zuma on September 21.

Four days later, amid a Supreme Court of Appeal (SCA) matter against e-tolls, presidency spokesman Mac Maharaj released a statement announcing that Zuma had penned his signature.

The Bill essentially gives Transport Minister Dipuo Peters the power to give the SA National Roads Agency Ltd (Sanral) the go ahead to begin e-tolling.

Alberts said that the FF+ wants the Bill, which falls under Section 75, to be reclassified to Section 76, as it affects provinces. Section 76 is for Bills that affect provinces while Section 75 Bills are not.

“This is not just a technical issue but it goes to the heart of democracy. The Constitutional Court has said that when a Bill which is supposed to be scrutinised by provinces is not, it actually undermines democracy to its core because of the fact that people who live in the provinces cannot provide their input.”

The FF+ also plans to attack the existing Sanral Act, which it wants to change to allow for the finance minister to submit the rates for e-tolling, rather than the transport minister.

“We are very confident that we will win this case,” said Alberts. “Through numerous legal opinions we have found that this is a strong and narrow issue.”

If the FF+ triumphs, the Bill would be re-sent to Parliament and e-tolls could be on hold for another year, he added.