An application by the DA leave to appeal against a decision regarding the constitutionality of etolls, has been dismissed by the Constitutional Court of South African.
Back in March this year, the DA approached the Western Cape high court to have the Transport and Related Matters Amendment Bill declared unconstitutional and invalid, but the high court dismissed the case saying provincial legislatures had no power to pass legislation aimed at meeting the purposes identified in the act.
The main intention of the amendments was to facilitate the electronic monitoring of traffic through toll plazas and the electronic collection of the etolls, which the DA argued has been passed without input from the Gauteng and Western Cape provinces.
“[The court] decided it was not in the interest of justice for the constitutional court to hear it [the matter] at this stage,” said DA federal executive chairman James Selfe. “This does not mean there is no merit [to the case], just that they are not the right court. The DA would meet its legal team in the next few days to discuss seeking leave to appeal in the supreme court of appeal.”
It is clear that in crafting this act the legislators followed the correct process,” SANRAL spokesman Vusi Mona said. “The decision by the court to dismiss with costs speaks to the fact that the DA’s suit was frivolous and unnecessary.”