The supreme court of appeal dismissed an appeal by the Opposition to Urban Tolling Alliance (Outa) on Wednesday in its e-toll challenge against roads agency Sanral.
Judge Fritz Brand said the appeal was refused and no order for costs was made.
However, the judge said the order granted by the high court in Pretoria directing the appellants to pay the respondents’ costs was set aside and replaced by an order that there be no order for costs.
The high court granted Outa leave to appeal against a previous judgment it handed down.
Outa argued, on appeal in the lower court, it had misinterpreted a section of the Sanral Act on public consultation to reach its ruling that e-tolling could proceed.
Last year, the high court ruled that e-tolling could proceed because the Gauteng Freeway Improvement Project had been lawfully instituted.
Outa is a civic action group of business associations and individuals formed in March 2012 to challenge Sanral’s decision to implement e-tolling of the recently upgraded freeway network in Gauteng.
Outa believed e-tolling is illegal and unreasonable. — Sapa