Johannesburg - The Tollgate Action Group (TAG) would push ahead with a court case to have Gauteng's e-tolls declared unconstitutional, the organisation said on Thursday.
“Based on legal opinions, the TAG is convinced that the e-toll Act (sic) is unconstitutional, that the regulations were issued illegally, and that the e-toll launch date had been announced erroneously,” said spokesman Anton Alberts, who is also a Freedom Front Plus MP.
“All these legal breaches will eventually be placed before the court for adjudication.”
The TAG comprises the FF Plus, the Transvaal Agricultural Union of South Africa (TAU-SA) and the National Taxpayers' Union (NTU).
An application by the FF Plus to stop e-tolls was struck off the roll at the High Court in Pretoria in December.
Judge Maria Jansen ruled that the application was not urgent.
Alberts said Jansen dismissed the application without considering the merits of the case.
“This is why the TAG will now be placing the court application on the ordinary court roll soon.
“In addition, the original application will be supplemented with arguments of more mistakes in the e-toll Act which we have discovered,” he said.
The mistakes included that the toll tariff regulations appeared not to be real regulations, but only a notice, and that the offence referred to in the Sanral Act, which criminalises non-payment, is not applicable to the non-payment of e-toll fees, said Alberts.
“The reason for this is that the offence requires a toll to be payable at any toll plaza, which is defined as any toll gate or as prescribed. As motorists are not allowed to offer payment at toll gates, it should have been prescribed. This was never done.”
In assisting motorists who have complaints against Sanral, Alberts said the TAG is also considering bringing a lawsuit against Sanral to force it to manage all accounts in accordance with the Consumer Protection Act.
“Sanral's actions and its regulations are full of errors and constitute various infractions of the act. The FF Plus will also assist individuals who want to lay complaints with the Consumer Commission,” he said.