While the Department of Transport (DOT) and SA National Roads Agency (Sanral) seem dead set to implement e-tolls in the very near future, toll opponents are intent on foiling their plans.
Although the Transport and Related Matters Amendment Bill (e-toll Bill), giving e-tolls the green light, was signed by president Jacob Zuma on 21 September, the piece of legislation is still being debated. The Freedom Front Plus maintains it is not constitutionally sound and plans to take legal action by approaching the North Gauteng High Court to send the Bill back to Parliament.
The party sent a written appeal to Zuma four months ago, urging him not to sign the Bill, which it said had "certain shortcomings". Anton Alberts, FF Plus Parliamentary spokesperson on transport, said at the time that the Bill was classified incorrectly as a Section 75 Bill, which does not affect provinces.
SA's Constitution distinguishes between four categories of Bills: Section 74 Bills (Bills amending the Constitution); Section 75 Bills (ordinary Bills not affecting the provinces); Section 76 Bills (ordinary Bills affecting the provinces); and Section 77 Bills (money Bills dealing with appropriations, taxes, levies or duties).
Alberts says it appears the e-toll Bill should actually have been classified as a section 76 Bill, and "in all probability" also classified as a partial section 77 Bill.
The DOT maintains the legal standing of the Bill is sound and that Gauteng motorists should realise e-tolling is now law and get tagged.
Unlikely aim
Meanwhile, transport minister Dipuo Peters' claim this week that e-tolling would kick off within the next month has been met with scepticism.
Chairman of Justice Project SA (JPSA), Howard Dembovsky, says there are just too many formalities for the DOT and Sanral to plough through before the system can go live. The DOT still has to publish e-toll regulations, e-toll tariffs, exemption regulations and the final date of commencement notice before e-tolling can kick off.
He says while it is doable, it is unlikely. "Let's see how much notice is given and then let's see how many people are sold on the idea, as has been claimed.
"Peters is new in her job as minister of transport and achieving many wondrous things. I don't believe that e-tolls is one of those things, and I will await the publication of the government gazettes announcing [the said e-toll formalities]."
Noting that government's e-toll system has already seen five false starts, Opposition to Urban Tolling Alliance (Outa) chairperson Wayne Duvenage says if history is anything to go by, he doubts Gauteng will see an e-toll launch this year.
"On 10 April this year, Sanral announced they would start tolling within two months, making this the fifth announced launch period missed. They are nearing three years after their initial launch date in April 2011."
Even if the powers that be do get it right to implement e-tolls by November, says Duvenage, "launching is one thing; however, running a successful e-toll collection process on a sustainable basis is something else and will be almost impossible amidst an environment of widespread public rejection".
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