Corporate & Commercial Law News South Africa

Catholic church supports e-toll protest

The Opposition to Urban Tolling Alliance (Outa) has applauded the Catholic church's stance against the e-tolling of Gauteng highways.
Catholic church supports e-toll protest

"We are extremely pleased that an entity of such stature and magnitude as the Catholic church has come out to defend the country's citizens against a questionable decision and action by the state," Outa chairman Wayne Duvenage said in statement released on Tuesday (21 May).

"This denouncement of e-tolling by the church was clearly conducted after significant research and an introspective assessment of the pros and cons of e-tolling," he said.

Duvenage said the church could have sat back and watched from the sidelines "as so many organisations do", but instead delved into the matter.

"It was ultimately the moral courage of various religious groups and other entities in the past that became the catalyst [for] apartheid's irrational 'house of cards' to come crashing down," Duvenage said.

"It would appear there is a case of deja vu in this matter of irrationality, which has raised the brow of this huge religious body," he said

The Southern African Catholic Bishops' Conference's (SACBC) justice and peace department said on Monday (20 May) that it supported Outa in its case against e-tolling, to be heard by the Supreme Court of Appeal (SCA) in September.

"Suspend e-tolling in Gauteng"

"We call for the immediate suspension of e-tolling as part of the Gauteng Freeway Improvement Project and a full-access review of it by an appropriate forum (the Public Protector, the Auditor General or a judicial inquiry)," it said in a statement.

"We appeal for a re-think regarding alternative methods of funding it," the statement added.

The SACBC said it felt compelled to highlight the key moral issues underpinning e-tolling.

"Government has a mandate to govern, by virtue of having won an election. Does this mean that they are unaccountable until the next election?" it asked.

"Clearly not. Transparent public consultations on controversial issues must be held and taken into account. We fear that this has not been adequately done in this case," the statement said.

High implementation costs

The SACBC said "it hardly seems appropriate" for the cost of implementing e-tolling to be nearly 74% of the total cost of the project.

It asked why increasing the fuel levy had not been considered, whether it was reasonable to privatise existing public roads and what impact the project would have on the poor.

"Anything that raises the costs of doing business in the core of our South African economy will impact on the cost of living, and will disproportionately impact on the poor," it said.

"Why are we investing in more expensive public infrastructure that fails to address the desperate need for an integrated public transport system that is affordable?"

In April, the SA National Roads Agency Limited (Sanral) said it would begin e-tolling on Gauteng roads within two months.

In April last year, the High Court in Pretoria granted Outa an interdict approving a full judicial review before electronic tolling could be put into effect.

The interdict prevented Sanral from levying or collecting e-tolls pending the outcome of a review. Sanral and the National Treasury appealed the court order. In September, the Constitutional Court set aside the interim order. In December, the High Court in Pretoria dismissed Outa's application to scrap e-tolling.

The court granted Outa leave in January to take the matter to the Supreme Court of Appeal in Bloemfontein.

Source: Sapa via I-Net Bridge

Source: I-Net Bridge

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