National Treasury and Others v Opposition to Urban Tolling Alliance and Others (CCT 38/12) [2012] ZACC 18; 2012 (6) SA 223 (CC); 2012 (11) BCLR 1148 (CC) (20 September 2012)

National Treasury and Others v Opposition to Urban Tolling Alliance and Others (CCT 38/12) [2012] ZACC 18; 2012 (6) SA 223 (CC); 2012 (11) BCLR 1148 (CC) (20 September 2012)

The Constitutional Court held that the High Court failed to properly consider the separation of powers implications of its interim interdict, which restrained SANRAL from exercising statutory powers to collect tolls and compelled the National Treasury and Parliament to reallocate funds. The Court found that the harm and inconvenience to motorists did not outweigh the prejudice to the Executive and SANRAL, and that the order intruded into the exclusive domain of executive and legislative functions without a compelling case. The interim interdict was set aside as constitutionally inappropriate, and leave to appeal was granted directly to the Constitutional Court due to the immediate and...

Citation
[2012] ZACC 18
Parties
Applicant: National Treasury; Applicant: South African National Roads Agency Limited; Applicant: Minister, Department of Transport; Applicant: MEC, Department of Roads and Transport, Gauteng; Applicant: Minister, Department of Water and Environmental Affairs; Applicant: Director-General, Department of Water and Environmental Affairs; Respondent: Opposition to Urban Tolling Alliance; Respondent: South African Vehicle Renting and Leasing Association; Respondent: Quadpara Association of South Africa; Respondent: South African National Consumer Union; Respondent: National Consumer Commission; Appellant: Road Freight Association
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
20 September 2012
Case Number
CCT 38/12
Procedural Posture
Leave to Appeal / Appeal Against Interim Interdict; Direct Access to Constitutional Court
Outcome
Appeal upheld; interim interdict set aside; costs to be costs in the review.
Judges
Moseneke, Mogoeng, Cameron, Jafta, Khampepe, Skweyiya, Van der Westhuizen, Froneman
Legal Topics
Separation of Powers, Interim Interdict, Promotion of Administrative Justice Act, Judicial Review, Executive Policy, Balance of Convenience
Constitutional Law Administrative Law Civil Procedure Separation of Powers Interim Interdict Promotion of Administrative Justice Act Judicial Review Executive Policy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

National Treasury

Applicant

South African National Roads Agency Limited

Applicant

Minister, Department of Transport

Applicant

MEC, Department of Roads and Transport, Gauteng

Applicant

Minister, Department of Water and Environmental Affairs

Applicant

Director-General, Department of Water and Environmental Affairs

Applicant

Opposition to Urban Tolling Alliance

Respondent

South African Vehicle Renting and Leasing Association

Respondent

Quadpara Association of South Africa

Respondent

South African National Consumer Union

Respondent

National Consumer Commission

Respondent

Road Freight Association

Appellant

Procedural Posture

Leave to Appeal / Appeal Against Interim Interdict; Direct Access to Constitutional Court

Legal Issues

  1. 1 Whether it is in the interests of justice to grant direct leave to appeal to the Constitutional Court against an interim interdict.
  2. 2 Whether the High Court was correct in granting an interim interdict restraining SANRAL from levying and collecting tolls pending review.
  3. 3 Whether the interim interdict impermissibly intruded upon the exclusive domain of the Executive, violating separation of powers.

Ratio Decidendi

The Constitutional Court held that the High Court failed to properly consider the separation of powers implications of its interim interdict, which restrained SANRAL from exercising statutory powers to collect tolls and compelled the National Treasury and Parliament to reallocate funds. The Court found that the harm and inconvenience to motorists did not outweigh the prejudice to the Executive and SANRAL, and that the order intruded into the exclusive domain of executive and legislative functions without a compelling case. The interim interdict was set aside as constitutionally inappropriate, and leave to appeal was granted directly to the Constitutional Court due to the immediate and...

Court Disposition

Appeal upheld; interim interdict set aside; costs to be costs in the review.

Orders

  • Leave to appeal is granted.
  • The appeal is upheld.