The Road Freight Association (RFA) is in negotiation with legal representatives of the Emakhazeni Municipal Fire & Emergency Services (EMFES) after the Pretoria High Court found in favour of the RFA in a case involving the stopping and fining of trucks for “emergency services”. According to RFA spokesman Gavin Kelly, discussions are now focused around costs. “We are now discussing the amount of damages that the EMFES faces,” he told FTW. He said the RFA was pursuing the direct costs incurred by truckers as well as the organisation’s legal costs. The amount involved is several million. “The final amounts will be decided by the court, but this will only be next year,” he said. Kelly said the RFA was happy with the outcome of the court case so far and believed it would have a groundbreaking effect in the country. “Several municipalities were following suit and had started activities involving the stopping and invoicing of trucks for all kinds of alleged activity. This has all come to a halt in light of this court case and everyone has been waiting for the judgement. Retrieving the damages incurred by operators is extremely important as it will send a very clear message to municipalities that this kind of action is not tolerated and that it is not legal.” He said an issue involving the fining of truckers said to be “illegally” parking in Harrismith had also stopped. “We have not had any incidents in this regard and have not taken that matter to court. Our attention has been focused on the Emakhazeni case as we were of the opinion that a win here would have a countrywide impact.”
