The Freedom Front Plus, the Transvaal Agricultural Union of South Africa (TAU-SA) and the National Taxpayer’s Association (NTA) will be launching a court case in the North Gauteng High Court to have the Transport Laws and Related Matters Act (also known as the E-Toll Act) declared unconstitutional. The application will at the latest be submitted to the court on Friday.
The FF Plus and the other organisations will contest the constitutionality of the E-Toll Act, amongst others on the following grounds:
The FF Plus, the TAU and the NTA will launch the court application as a separate association. The initial name will be known as the Toll Gate Action Group (AG). Various lawyers, apart from the association’s own legal team, have indicated that the application has a very good chance of success. If the application is successful, the implementation of the E-Toll system will most probably be postponed to the end of 2014/ beginning of 2015 due to the election next year and the fact that a new parliament will have to be constituted.
A further explanation for possible success is the information that the president’s own legal team had provided him with legal advice that the E-Toll Act was classified incorrectly. The presidency had acknowledged to the FF Plus telephonically that the president’s legal advisors agreed with the legal advice of Adv. Anton Alberts of the FF Plus. The FF Plus formally applied to view the president’s the legal opinion which he had received, but this was refused, which further strengthens the suspicion that the president had signed the E-Toll Act against the advice of his own legal advisors.
This court application is the culmination of the long process in which the FF Plus had, first in the parliamentary portfolio committee on Transport and later with the president himself, made representations in which it stated that the E-Toll Act (at that point still an Amendment Bill) is unconstitutional.
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