Business inertia 'shocks' cash-strapped Outa

10 January 2013 - 01:59 By TJ STRYDOM
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An e-toll gantry on the N1 highway in Johannesburg.
An e-toll gantry on the N1 highway in Johannesburg.
Image: HALDEN KROG

The protracted court battle over Gauteng's freeways is taking its toll on the Opposition to Urban Tolling Alliance.

The alliance yesterday applied for leave to appeal the e-toll judgment handed down last month.

It is the fourth time the alliance is going to court in less than a year, but the organisation is still about R4-million short in covering its legal costs.

"We have raised about R7.5-million thus far," said chairman Wayne Duvenage yesterday.

He called it the largest amount ever raised by civil society to take the government to court.

The alliance's donors are a mix of individuals and organisations. But business donors have been few and far between.

Duvenage described large industry's reluctance to contribute to the campaign as "shocking".

Businesses had saved millions in the months e-tolling had been delayed, he said.

The DA yesterday urged South Africans to donate to the alliance to keep the fight going.

Jack Bloom, leader of the party's Gauteng caucus, said Acting Judge Louis Vorster's judgment was "grievously flawed".

The judgment "limits public participation in major projects like the toll roads to mere technical compliance rather than meaningful engagement," said Bloom.

The DA has donated to the alliance's cause. Duvenage would not disclose how much the party has contributed.

The alliance said the SA National Roads Agency had used a "tick box" approach that did not satisfy the need for proper consultation in the run-up to a project with such wide-ranging consequences.

"We believe that section 27 of the Sanral Act was not applied in line with the constitution and the Promotion of Administrative Justice Act," said Duvenage.

There were less than 40 submissions when the agency consulted with the public before starting the Gauteng Freeway Improvement Project.

Duvenage said there have been 11000 submissions since the agency embarked on its latest round of consultations.

"If you don't consult properly, then you run the risk of civil disobedience down the line," said Duvenage.

He also hit back at critics who have accused the alliance of not respecting the rule of law.

"Part of the rule of law is having the right to appeal a judgment. And that is what we are doing."

The alliance was also slapped with a cost judg ment last month , which it is now appealing.

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