The SA National Roads Agency Limited (Sanral) is not ready to proceed with the tolling of Gauteng's roads because no exemption has been made for public transport, the High Court in Pretoria heard on Tuesday.
“Although Sanral contests the urgency (of this application) ...the truth of it is that it is not ready to proceed (with tolling) on the 30th of April because exemptions are not in place,” said Alistair Franklin, for the applicants, who include the Opposition to Urban Tolling Alliance (Outa).
Outa and others are trying to stop tolling because, according to court papers, Sanral failed to give proper notice of the intent to toll, the decision to toll was unreasonable, and that proper enforcement of the system was “practically impossible”.
Franklin submitted that despite numerous assurances that public transport would be exempted, no steps to realise this had taken place. The applicants were thus seeking to have the toll tariffs reviewed and set aside. This was among the arguments contained in an affidavit filed by the applicants on Saturday.
David Unterhalter, for Sanral, said the affidavit had been filed “at the 11th hour” and did not afford the respondents, who include Sanral and the transport minister, adequate time to respond.
He called it “a very considerable expansion of the case” which would prejudice Sanral.
If the court was willing to entertain the new arguments, Unterhalter said the matter should be postponed to allow Sanral time to respond.
“We ask this court to strike the application.” - Sapa