Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Dina Pule, who oversaw Telkom crisis, is back in cabinet

      Dina Pule, who oversaw Telkom crisis, is back in cabinet

      1 July 2026
      Google plots E Cape as southern anchor of four-hub Africa network - Alex Okosi

      Google plots E Cape as southern anchor of four-hub Africa network

      1 July 2026
      Frontier AI has broken the old rules of cyber defence, warns Palo Alto CIO

      Frontier AI has broken the old rules of cyber defence, warns Palo Alto CIO

      1 July 2026
      Big change at top of Tarsus Distribution - Emile Burger

      Big change at top of Tarsus Distribution

      1 July 2026
      The AI utopia South Africa can't afford

      The AI utopia South Africa can’t afford

      1 July 2026
    • World

      SK Hynix ends Samsung’s 26-year reign at the top

      22 June 2026
      Google on the hook for what its AI tells users, court rules

      Google on the hook for what its AI tells users, court rules

      15 June 2026
      How Russians juggle VPNs to outwit the Kremlin

      How Russians juggle VPNs to outwit the Kremlin

      15 June 2026
      Amazon CEO flagged Anthropic AI risks to Washington - Andy Jassy

      Amazon CEO flagged Anthropic AI risks to Washington

      14 June 2026
      Trouble at Xbox

      Trouble at Xbox

      11 June 2026
    • In-depth
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
    • TCS
      TCS+ | How Tracker is turning vehicle data into business strategy - Silvia Schollenberger

      TCS+ | How Tracker is turning vehicle data into business strategy

      1 July 2026
      TCS+ | IBM Bob: an AI-powered 'development partner' for the enterprise - David Spurway

      TCS+ | IBM Bob: an AI-powered development partner for the enterprise

      30 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E6: ‘A flawless Alfa and a bakkie that divides’

      17 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E5: ‘A Bentley of the bush and a car that swims’

      8 June 2026
      TCS | Charge's R1.8-billion bet on an off-grid EV future - Charge chairman Joubert Roux

      TCS | Charge’s R1.8-billion bet on an off-grid EV future

      18 May 2026
    • Opinion
      The author, Jannie van Zyl

      South Africa’s broadband future is being decided in orbit, not in Pretoria

      30 June 2026
      The pivot South Africa's MVNOs cannot afford to miss

      The pivot South Africa’s MVNOs cannot afford to miss

      23 June 2026
      Brazil's online gambling crackdown is a lesson for South Africa

      Brazil’s online gambling crackdown is a lesson for South Africa

      22 June 2026
      Finish the job Mandela started - Farzam Ehsani

      Finish the job Mandela started

      18 June 2026
      The author, Fanie van Rooyen

      The US just showed it can switch off our AI

      17 June 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » E-tolls: judge ‘erred fundamentally’

    E-tolls: judge ‘erred fundamentally’

    By Editor25 January 2013
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    eTag-640

    Judge Louis Vorster had misinterpreted a section of the Sanral Act on public consultation to reach his ruling that e-tolling could proceed, the high court in Pretoria heard on Friday.

    Mike Maritz, for the Opposition to Urban Tolling Alliance (Outa), argued before Vorster that he had “erred fundamentally” in his interpretation of section 27 (4) of act.

    He said Vorster had not engaged with the argument against a lack of “procedural fairness” in the way Sanral had informed the public about e-tolling.

    “That definition of what is required under procedural fairness is not satisfied [in the judgment] at all,” Maritz said.

    “It is the public at large who are adversely affected to the tune of R70bn, but under your lordship’s interpretation they have no entitlement, they have no say, they just have to pay.”

    Outa was arguing in the supreme court of appeal for an application for leave to appeal Vorster’s judgment.

    He ruled in December that e-tolling could proceed because the Gauteng Freeway Improvement Project had been lawfully instituted. He dismissed Outa’s application with costs.

    Maritz argued that the lack of fairness constituted a contradiction to aspects of the constitution.

    In his judgment, Vorster said only the physical aspects of the project were up for public participation, and not the costs.

    Maritz said it would follow from the judgment that Sanral could have paved the road in gold and charged R50 000/person through e-tolling, without having to tell them about it.

    He argued that Vorster had relied on a minority ruling of the constitutional court regarding an urgent interdict which halted the process, which was not correct. “The ruling dealt with only one ground of unreasonableness [of the e-tolling project],” Maritz said. “It didn’t deal with any other grounds for review.”

    In September, the constitutional court overturned an interim order putting the e-tolling project on hold. It found that the high court had not considered the separation of powers between the high court and the executive in its ruling on 28 April.

    On Friday, David Unterhalter, for Sanral, argued in favour of Vorster’s judgment. He said Outa had argued in the constitutional court in favour of an urgent interdict against e-tolling based on “procedural aspects”, but was now trying to reduce the significance of that court’s judgment. “Your lordship has properly interpreted the Sanral Act,” he said.

    Unterhalter said the application for leave to appeal should not be granted, since the supreme court of appeal should not “go around” the constitutional court judgment. “There is no basis for this appeal,” he said.  — Sapa

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    David Unterhalter Louis Vorster Mike Maritz Outa Sanral
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleGoogle: Kenya may be Africa’s tech leader
    Next Article TalkCentral: Ep 76 – ‘Bruised’

    Related Posts

    Outa warns homeowners against rushing to register rooftop solar

    Outa warns homeowners against rushing to register rooftop solar

    27 January 2026
    Sanral dumps magstripes at national toll gates

    Sanral dumps magstripes at national toll gates

    2 December 2025
    Charge to switch on first N3 off-grid EV stations in May - Joubert Roux

    The energy revolution South Africa can’t afford to miss

    20 November 2025
    Company News
    A dead MacBook is a business problem - iAssist Apple Repairs

    A dead MacBook is a business problem

    1 July 2026
    7 tips to optimise your e-commerce website - Domains.co.za

    7 tips to optimise your e-commerce website

    1 July 2026
    A smarter switch for networks that can't afford to fail

    A smarter switch for networks that can’t afford to fail

    30 June 2026
    Opinion
    The author, Jannie van Zyl

    South Africa’s broadband future is being decided in orbit, not in Pretoria

    30 June 2026
    The pivot South Africa's MVNOs cannot afford to miss

    The pivot South Africa’s MVNOs cannot afford to miss

    23 June 2026
    Brazil's online gambling crackdown is a lesson for South Africa

    Brazil’s online gambling crackdown is a lesson for South Africa

    22 June 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Dina Pule, who oversaw Telkom crisis, is back in cabinet

    Dina Pule, who oversaw Telkom crisis, is back in cabinet

    1 July 2026
    Google plots E Cape as southern anchor of four-hub Africa network - Alex Okosi

    Google plots E Cape as southern anchor of four-hub Africa network

    1 July 2026
    Frontier AI has broken the old rules of cyber defence, warns Palo Alto CIO

    Frontier AI has broken the old rules of cyber defence, warns Palo Alto CIO

    1 July 2026
    Big change at top of Tarsus Distribution - Emile Burger

    Big change at top of Tarsus Distribution

    1 July 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}