Wild Coast social worker John Clarke has urged Gauteng drivers to contribute to the Opposition to Urban Tolling Alliance's fund-raising campaign and send a signal to Government that litigation by attrition is not in anybody's long-term interests.
Clarke has recently returned from two-weeks on the Pondoland Wild Coast where he consult with rural residents over their own legal battle with Sanral over the N2 Wild Coast Toll road, says his clients have taken considerable heart from Outa's stunning success so far.
He said: “A rational analysis of the issues indicates that a big win for Outa could discourage the use of 'litigation by attrition' strategies in the future.”
Litigation by attrition refers to the simple expedient of making a court case so expensive for the opposing side that it cannot afford to keep going.
POINTS IN COMMON
Clarke added that there were at least five common profile points between Sanral's e-tolling proposal and the N2 shortcut proposal:
Covert deals struck with Private sector commercial interests to use public assets for private commercial gain.
Well-connected politicians, former cabinet ministers and senior government officials appear as significant beneficiaries of the scheme, at the expense of cash-strapped road users.
Huge media campaigns to market the schemes rather than open engagement with the stakeholders to find better solutions.
Sidelining of senior Sanral executives who question the dominant line.
Recourse to the courts with a 'litigation by attrition' strategy when opposition surfaces.
“He refused to budge”
Clarke said that when he interviewed Sanral CEO Nazir Alli in July 2006 it was clear that he was only prepared to compromise if forced to do so by the courts.
“I met with him to try to find a negotiated solution to the impasse over the preferred route and tolling concession with respect to the proposed shortening of the N2 between Port Shepstone and Mthatha,” he explained. But he maintained he would ultimately be vindicated through the courts.
“As a social worker I hate having to raise funds to fight court battles but it became obvious that Alli was banking on a 'litigation by attrition' strategy.
“If money is the only language one's opponent understands, then one has to find the money.”
THE RIGHT STUFF
Clarke said that in order to achieve justice through the court three things were necessary: the right case, the right client and the right advocates.
“Outa, as a broad-based civil society organisation representing the motoring public, is the right client, they have an extremely just case and their legal team have already shown they are very clever and very hard working.
“The only advantage that Sanral has over Outa is that Alli has the treasury at his disposal to fund his defence and thus to 'litigate by attrition'.”
POSITIVE RAMIFICATIONS
After 10 years of futile efforts to negotiate with Sanral on the N2 Wild Coast Toll Road proposal the matter is now awaiting a court date from the North Gauteng High Court to be decided.
Clarke said: “The best we have been able to achieve is to persuade the minister of transport not to co-defend the application with Sanral and the other respondents.
“So if OUTA succeeds in matching the money that the government is forcing them to raise in order to have the absolute stupidity of the e-tolling scheme exposed in court, it is bound to have positive ramifications for the N2 case.
“Let's hope it will convince Mr Alli to show some humility with respect to the N2 Wild Coast scheme, and listen to what Bishop Geoff Davies pleaded for him to do six years ago: consult with the people he claims to be serving.”