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AfriForum will postpone its proposed legal action about the imposition of a so-called penalty rate of R1,75 per kilometre for motorists who have not registered for e-toll, after the Minister of Transport, Sbu Ndebele, has officially withdrawn the e-toll rates notice in die Government Gazette.

This rates notice, of which the “penalty rates” formed part, had been published in the Government Gazette on 13 April this year, and was officially withdrawn by way of a notice (No 451 of 2012) in the Government Gazette on 31 May. This followed after AfriForum had sent an attorney’s letter to the Minister of Transport on 15 May to say that AfriForum would institute legal steps if the notice were not withdrawn.

Kallie Kriel, AfriForum CEO, has welcomed the withdrawal of the notice. He said AfriForum will observe the situation narrowly so that steps may be taken whenever the “penalty rate” is again included in any future notices.

‘The withdrawal of the rates notice now presents AfriForum’s legal team with the opportunity to submit inputs, as a friend of the court, in the case in which government is lodging an appeal against the interim order granted against the implementation of the e-toll system,’ Kriel said. According to him it was important for the Constitutional Court to be alerted to the fact that the court case against e-toll was not impairing government’s function as policymaker, but that it was rather intended to ensure that the Constitution and other legislation were not weakened during policy implementation.