Friday, January 25, 2013

SCA will throw e-tolling case out – Treasury


e-Tollie
PRAVIN GORDHAN
Jeremy GAUNTLETT Alex Eliseev | 2 hours ago JOHANNESBURG - National Treasury and the South African National Roads Agency Limited (Sanral) on Friday slammed the case against e-tolling as "exaggerated", and said the Supreme Court of Appeal in Bloemfontein would throw it out. Earlier, the North Gauteng High Court granted the Opposition to Urban Tolling Alliance (Outa) leave to appeal its December judgment. In handing down his verdict, acting judge Louis Vorster said: “Leave is granted to the applicants to appeal to the Supreme Court of Appeal against my whole judgement and all the handed down on 13 of December last year.” In that judgment, the court found that enough public participation had taken place, and that since the Constitutional Court had already ruled on the matter, there was no point in taking it any further. The court also slapped the alliance with a crippling costs order. Today, Outa argued the e-tolls process was unfair and flawed. But Treasury's advocate, Jeremy Gauntlett, accused the alliance of changing its tune. “It changes its case by having introduced a so-called constitutional property claim and gone boots and all on the public participation process.” He said Outa's case was doomed to fail. "The argument was an exaggerated one; it was an attempt to make perception the enemy good." It is not yet clear when e-tolling will commence. Motorists with e-tags will pay up to 30 cents per kilometre or a maximum of R550 a month to use Gauteng's highways. Revenue from the project will pay a multibillion rand debt incurred by Sanral top build the Gauteng Freeway Improvement Project. EWN Breaking News: Outa wins latest e-tolls court fight Email Share Keep for later Wayne Duvenhage, who is leading Outa's fight. Picture: Taurai Maduna/EWN Eyewitness News | 5 hours ago PRETORIA - The North Gauteng High Court has granted the Opposition to Urban Alliance (Outa) leave to appeal a previous ruling allowing the South African National Roads Agency Limited (Sanral) to implement electronic tolling systems on Gauteng's highways. The leave to appeal order was made shortly after midday. Outa can now take its fight to stop the system being rolled out to the Supreme Court of Appeal in Bloemfontein. The alliance believes Sanral deliberately kept the public in the dark and was dishonest about the process of implementing tolls in Gauteng. Motorists with e-tags will pay up to 30 cents per kilometre or a maximum of R550 a month. Earlier today, Outa's advocate Mike Maritz said acting judge Louis Vorster failed to weigh up what true procedural fairness was when he made his order in Sanral's favour in December. “Crucially as it was pointed out in the Constitutional Court, procedural fairness has at its heart a chance to the public to influence the decision making process.” Judge Vorster ruled that the crux of Outa’s application, that there had not been an efficient public participation process, was flawed, adding that aspects of its application were “erroneous” and “speculative”. EWN - - - COMMENTS BY SONNY - - - - It would appear from this bold statement that the Treasury runs the Judiciary? Pravan Gordhan should be careful that someone does not probe the use of Public Pensions Funds without shareholder permission? There are still Broederbond elements serving as "Trustees" on State run pensions funds. It could be construed as "STATE CORRUPTION!" e-Toll (SANRAL) was illegal from the beginning. Jeremy Gauntlett is being paid 'Big Buck" to make the following assertions;......"The argument was an exaggerated one; it was an attempt to make perception the enemy good."

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