E-toll arguments heard by ConCourt

The Constitutional Court is currently hearing government's challenge against the interdict halting e-tolling.

A man is seen demonstrating during the e-toll case at the Constitutional Court in Johannesburg on Wednesday, 15 August 2012. Picture: Sapa.

JOHANNESBURG - The National Treasury's legal team on Wednesday attacked the judgment that saw an interdict granted against the controversial e-tolling project.

The Constitutional Court heard government's challenge against the interdict granted by the North Gauteng High Court which halted the introduction of e-tolling in April.

A final review of the project is due to begin in November but the hearing being heard will determine whether the system will remain on hold in the meantime.

Arguing for the Road Freight Association, advocate Martin Brassey said they wanted to join the case as respondents because of what will happen if the interdict is lifted.

"On the basis that balance of convenience dictates that it is appropriate that that order continue for fear that if it doesn't continue, the egg would be so scrambled that its unscrambling would become impossible."

Advocate Jeremy Gauntlett, acting for the treasury, argued it was simply too late.

"If it missed the bus when clearly it knew about the bus, the inconvenience to the court and to the parties is very considerable."

With this issue now concluded, the court is dealing with the main matter.

Government is arguing that halting the project will cause great economic harm and that Gauteng's highways needed to be improved to alleviate the crippling congestion on the roads.