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The SA National Roads Agency Limited (Sanral) is opposing AfriForum's application to be admitted as a friend of the court in the matter of e-tolling.
Sanral's lawyer Bruce Leech said on Wednesday in the High Court in Pretoria that he took issue with the fact that AfriForum was aligning themselves the Opposition to Urban Tolling Alliance (Outa) in opposing the tolling system.
He said a friend of the court assisted the court and did not take sides.
“AfriForum is presenting new evidence. It's inviting argument issues that are not before the court.” He was referring the the publication of e-toll tariffs on April 13.
Earlier, AfriForum's lawyer Gerta Engelbrecht said the lobby group should be given the chance to to make submissions to the court that were relevant and useful.
“It must be something novel... not what the applicants have already said.
“AfriForum can do this as it draws attention to the publication of tariffs,” she said.
AfirForum was asking the court to look at whether the publication of the e-toll tariffs on April 13 complied with Section 27 of the SA National Road Agency Limited Act. It wanted the court to look at whether the classification of vehicles was warranted.
Leech said none of the respondents, who included the minister of transport, had addressed this issue in their affidavits submitted to the court.
“They (AfriForum) must not be admitted because they can't assist on the issues presently in front of the court,” he said.
“She (Engelbrecht) wants to expand the scope of the issues with something new.”
Leech said AfriForum's argument was irrelevant to the case.
Engelbrecht said AfriForum had been concerned about e-tolling from the outset.
“AfriForum has 36 000 members of which 45 percent reside in Gauteng and are liable to use the roads,” she said. – Sapa