DA goes to court on e-tolling

Note to editors: The following remarks were made by DA Gauteng Premier Candidate, Mmusi Maimane, at a press conference to announce the DA's plans to fight e-tolling.

The Democratic Alliance has submitted a High Court application that, if successful, could delay the rollout of e-tolling in Gauteng. 

Papers were served yesterday on President Jacob Zuma, the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, the Minister of Transport, and SANRAL. We have asked the court to hear the matter urgently given the immense impact the rollout of tolling will have on the people of Gauteng.

If the DA wins this case in the High Court, the matter will automatically be referred to the Constitutional Court where the E-tolling Bill may be declared unconstitutional.

We are of the view that the "E-Tolling" Bill was incorrectly passed by Parliament and signed into law by President Jacob Zuma.

The Constitution makes a distinction between Bills that impact on national government only, and Bills that impact on not just national government but provincial governments as well.

We believe the Transport Laws and Related Matters Amendment Bill (E-tolling Bill) was wrongfully tagged as a national competency to be dealt with exclusively at a national level by Parliament (called a section 75 Bill). 

However the tolling of roads impacts on many factors such as urban planning, public transport and traffic regulations - all of which are the competency of provincial governments and municipalities.

Because of this collective responsibility, the Bill should have been dealt with by the National Assembly, the NCOP and all provincial legislatures (called a section 76 Bill).

The legislative procedure is immensely different depending on how a Bill is tagged according to the Constitution.

After the National Assembly has passed a section 75 Bill (as the E-tolling Bill was tagged), it is referred to the NCOP where each Member votes as an individual.

The system differs for a section 76 Bill.

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. The system of MP's voting as individuals does not apply. Instead each provincial delegation in the NCOP must vote according to the decision taken by their provincial legislature. This gives the Gauteng legislature, and potentially a new DA majority there after 2014, the chance to vote against this legislation.

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 2/3 majority can override the NCOP and pass the Bill.

The incorrect tagging of the E-tolling Bill effectively prevented provincial legislatures from deliberating on e-tolling on behalf of the affected people of each province. 

The E-tolling Bill allows for the rollout of e-tolling not only in Gauteng. It empowers SANRAL to start e-tolling in any other province.

The fact is legislatures are empowered by the constitution to vote on laws affecting their roads.

If the Bill is declared unconstitutional it would mean that the National Assembly will have to start their deliberations again, and hold another vote on the Bill. The same will need to happen in each provincial legislature and the National Council of Provinces. 

The DA will then oppose the E-tolling Bill in Parliament and every legislature. We will also offer Jacob Zuma's ANC a chance to vote against the Bill and in favour of the public's immense opposition to e-tolling. A majority vote against the Bill would defeat e-tolling once and for all.

The DA's plan to oppose e-tolling reaches further than this court case however. I am running for Premier in Gauteng so that I can continue the fight against e-tolls.

An announcement on my plans to fight tolling in government will be made next week.

I call on everyone in Gauteng who values jobs and freedom of movement in the country of our birth to support not just this court case but also my bid for Premier. This is the only way we can effectively continue the fight against e-tolling in Gauteng.

Statement issued by Mmusi Maimane, DA Gauteng Premier Candidate, November 7 2013

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