Following the Constitutional Court’s decision to set aside the interdict on eTolls (which effectively allows SANRAL to start tolling if they can or want to), what now for the various anti-eToll movements and OUTA’s challenge? Note must be made of the fact that a full judicial review will still take place from 26 to 28 November in the North Gauteng High Court, and that the possibility of halting e-Tolls then is still very real and possible.
This may seem a tad confusing, following the Constitutional Court’s judgment. Essentially, this Con Court judgment merely stipulated that the High Court judgment in April should have granted a judicial review to happen, but that Judge Prinsloo should not have ruled for a temporary halt (interdict) to e-Tolls whilst the review was being formulated and conducted. In other words, that the (executive powers of) government’s decision to introduce a policy of e-tolls should not be interfered with on a temporary basis, until the judgment from the judicial review comes into effect.