RFA's e-toll intervention dismissed

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IOL mot pic aug15 e-tolling INL SA The e-toll board on a Gauteng freeway waits to be activated and for its tariffs to be raised. The Constitutional Court will hear today from the government and opposition to e-tolling, and will have to decide on the future of the divisive collection procedure. Picture: Thobile Mathonsi

An application by the Road Freight Association to join the e-toll case in the Constitutional Court was dismissed on Wednesday.

“The application for leave to intervene is dismissed with costs,” Chief Justice Mogoeng Mogoeng said.

Martin Brassey, for the association, had argued it should be allowed to participate in the case, or the case would be just like an “egg that would be so scrambled, that it cannot be unscrambled”.

“It is desirable for us to intervene,” he said.

Treasury lawyer Jeremy Gauntlett said the association should have applied to join the case when it was still about to be heard by the High Court in Pretoria.

“It missed the bus when it knew about the bus,” he said.

SA National Roads Agency Limited lawyer Bruce Leech argued the association could not show it had a direct interest in the case.

“They are an intervening party, not an amicus curiae (friend of the court),” he said.

“Their applications should be dismissed with costs.”

An application by the Democratic Alliance to be admitted as an amicus curiae was also rejected, the party said on Monday. While it had claimed it could make a “substantive contribution” to the case, the Treasury and Sanral objected to its inclusion because it was a political party, DA MPL Jack Bloom said.

He said the court did not tell the DA why it was not being allowed to join the case, but that the full reasons would be given in the court's final judgment. - Sapa

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