FF Plus’ application for an interdict against E-Toll Act to be heard on 2 December

2013-11-26
Adv Anton Alberts

The Freedom Front Plus’ court application for an interdict against the switching on of the e-toll system will be heard on 2 December in the Gauteng North High Court in Pretoria – a day before the system is to be switched on, Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on transport says.

What is also of great importance is that the state has made critical technical errors with the announcement of the implementation date of the e-toll.

In terms of the SANRAL Act, there has to be a fourteen day difference between the dates on which the commencement of the e-toll is announced and the date on which the actual implementation of the system will take effect, which in effect means that the system can only start operating on 4 December.

The announcement about this can furthermore only be made by the minister, while in this instance the announcement was made by an acting director-general.

In addition, the office of president Jacob Zuma has for the first time today officially acknowledged receipt of one of three urgent letters which Adv. Alberts had directed to his office in the past couple of months regarding the constitutionality of the E-Toll Act.

In his first letter (dated 13 June 2013), Adv. Alberts showed in a legal opinion that the Act had been wrongly classified in Parliament. The legal opinion enjoys wide recognition in legal circles and was later used, as is, by another political party which also wants to bring an application against the legality of the E-Toll Act.

In two letters sent subsequently, (10 September and 3 October), Adv. Alberts insisted on a reply to the questions he had posed in his letter and asked for a copy of the president’s legal opinion on the issue after it was established that the president’s legal advisors had agreed with Adv. Albert’s legal opinion.

The fact that there was no response to my questions and that the president had refused to reveal his legal opinion, makes it clear that my requests had been kept quiet purposefully until shortly before the switching on of the system, as the E-Toll Act would have stopped it in its tracks.

“The FF Plus, its partners and its legal team are all convinced that the interdict will be granted and that we will achieve a victory for all road users who are of the opinion that the e-toll is an unfair and unnecessary form of tax,” Adv. Alberts says.

 

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