The Democratic Alliance (DA) is in court this week in a bid to have the controversial e-tolling bill declared unconstitutional.
HumanIPO reported in January the DA had confirmed the date for its court case challenging e-tolling bill as March 4, referring to the legislature as “unconstitutional” and a form of “job-killing taxation”.
Both the Opposition to Urban Tolling Alliance (OUTA) and the Freedom Front Plus (FFP) have already failed in having e-tolling overturned through the courts.
“I will be in court representing Gauteng residents who have expressed an overwhelming majority of opposition to e-tolling,” said DA premier candidate for Gauteng Mmusi Maimane.
The DA said if its case is successful the bill will be sent back to parliament to be deliberated for a second time.
“The DA will then oppose the e-tolling bill in parliament and every legislature,” said Maimane.
The party will argue the bill was incorrectly passed by the National Assembly after being erroneously classified, resulting in provisional representatives being excluded from the deliberation process.
“After the National Assembly has passed a section 76 Bill, each provincial legislature must deliberate on a voting mandate for their respective delegates in the National Council of Provinces (NCOP). Each provincial delegation in the NCOP must vote according to the decision taken by their provincial legislature,” Maimane said.
“If a majority of delegations representing each province in the NCOP votes against the Bill, a mediation committee is formed to resolve the conflict between the National Assembly and NCOP.
“If mediation fails, the Bill is referred back to the National Assembly where only a two thirds majority can override the NCOP and pass the Bill.”
Last week OUTA released a detailed research paper calling for e-tolling to be suspended immediately.
The report, entitled “E-Tolling at an Impasse: Transcending the Mess in Gauteng”, claims to “bring to light the fatal flaws, inconsistencies, absurdities and blatant lack of integrity in the e-tolling decision”.
HumanIPO reported earlier this year the DA had received over 300 complaints from the public regarding the bill.
Image courtesy of Shuttershock
