National Treasury and Others v Opposition to Urban Tolling Alliance and Others

In 2007 Cabinet approved the Gauteng Freeway Improvement Project (GFIP), involving major upgrades to Gauteng highways. SANRAL, an organ of state established under the SANRAL Act, implemented the project and incurred approximately R21 billion in debt, largely government‑guaranteed. In 2008, with ministerial approval, SANRAL declared certain Gauteng roads as toll roads and obtained environmental authorisations under NEMA. An electronic tolling (e‑tolling) system was installed but toll tariffs had not yet been finally proclaimed. In March 2012, the Opposition to Urban Tolling Alliance (OUTA) and others urgently approached the North Gauteng High Court seeking to review and set aside the toll road declarations and environmental approvals, and obtained an interim interdict preventing SANRAL from levying and collecting tolls pending the review. National Treasury, SANRAL and related state actors sought urgent leave to appeal directly to the Constitutional Court against the interim interdict.

Leave to appeal was granted; the appeal was upheld; the interim interdict granted by the High Court was set aside, with costs.

The case is a leading authority on interim interdicts against the state, especially in review proceedings. It clarifies that courts must be slow to restrain the exercise of executive and statutory powers through interim relief and must carefully consider separation of powers, public finance, and irreparable harm to government. It is frequently cited for its articulation of the ‘interests of justice’ test in appeals against interim orders.