The Road Freight
Association (RFA)
has called on the
Cross-Border Road
Transport Agency (C-BRTA)
to refund all members for
increased cross-border
road transport permit
fees instituted in 2011,
which were found to be
unconstitutional.
The North Gauteng
division of the High
Court declared the
increased permit fees
unconstitutional and
invalid in February
2013, but the
C-BRTA appealed
the judgment in
the Constitutional
Court.
In a
judgment
handed
down in May
this year the
Constitutional
Court dismissed
the C-BRTA appeal,
finding that the order
of the High Court was
correct and that it did
not have the power to vary
that order.
According to Gavin
Kelly, RFA spokesman, it
has been a lengthy court
procedure but the outcome
has been welcomed across
the board.
Whilst the C-BRTA
introduced new permit fees
in 2014 which were still
considered to be extremely
high, it did mean that
many operators would be
refunded for unjust fees.
The court case, brought
by Central African Road
Services (CARS) against the
C-BRTA, had far-reaching
impact in the road freight
sector, said Kelly.
“It proves that one
cannot just institute fees
and not follow the correct
procedures. Millions of
rands were paid and we
are definitely going to do
our best
to ensure
these
fees are
refunded
to our
members.”
CARS
challenged
the way
permit
fees were
increased
in 2011,
stating
there
was not enough public
participation and correct
procedures were not
followed. The RFA joined
as a friend of the court.
The High Court and now
the Constitutional Court
found in favour of CARS
stating that the increased
fees had not been published
in two official languages
and an insufficient public
participation process had
been followed.
The High Court
suspended the order for six
months, giving the Minister
of Transport time to comply
with the regulations and
remedy the situation, but this
never transpired.
In its appeal to the
Constitutional Court the
C-BRTA argued it would not
be able to retrospectively
pay back fees as its financial
viability was at stake.
The Constitutional
Court, however, had very
little sympathy, ruling that
while its financial state was
unfortunate the possibility
of insolvency of the C-BRTA
had been brought upon itself.
Kelly said if refunds were
not forthcoming from the
C-BRTA the RFA would
take legal action to remedy
the situation.
INSERT & CAPTION
The court case proves
that one cannot just
institute fees and not
follow the correct
procedures.
– Gavin Kelly
