754 The DA's Joburg Mayoral Candidate, Mmusi Maimane, 070411. Picture: Bongiwe Mchunu

Johannesburg - The DA will be heading to court this week to have the law that allows e-tolling declared unconstitutional, the party said on Sunday.

“I will be in court representing Gauteng residents who have expressed an overwhelming majority of opposition to e-tolling,” spokesman Mmusi Maimane said in a statement.

The case is due to be heard in the Western Cape High Court on Tuesday and Wednesday, he said.

“We are of the view that the Transport Laws and Related Matters Amendment Bill (E-tolling Bill) was incorrectly passed by Parliament and signed into law by President Jacob Zuma.”

He said if the case is successful, the law would need to be sent back to Parliament to deliberate on for a second time.

“The DA will then oppose the E-tolling Bill in Parliament and every legislature. We will also offer Jacob Zuma's ANC a chance to vote against the Bill and in favour of the public's immense opposition to e-tolling,” he said.

Maimane said they would argue that the law was incorrectly passed by the National Assembly as it was tagged as a Section 75 bill (debated in Parliament only) and not a Section 76 Bill (debated in Parliament and provinces).

“The people of Gauteng were therefore denied a voice in the passing of the E-tolling Bill due to it not appearing before the provincial legislature.”

Maimane said should the DA win the case in the High Court, the matter would automatically be referred to the Constitutional Court where the law may be declared unconstitutional.

“The people of Gauteng must know that the fight against e-tolling does not stop with this court case. Everyone who is against this unjust system must make their voices heard in the upcoming election by voting out the government that brought us this e-tolls,” said Maimane. - Sapa