This comes less than 12 hours before e-tolls become fully operational on all Gauteng road networks.
According to a statement, the court application was made by the Tolhek Aksiegroep, an alliance led by the political party, Freedom Front Plus.
The political party, which is also in alliance with the National Rate Payers Union and Transvaal Landbou Unie South Africa, asked the court to urgently prevent the South African National Roads Agency (Sanral) from implementing etolls on Tuesday.
The application was on the grounds that the Transport and Related Matters Amendment Act was tagged incorrectly throughout the Parliamentary process.
Roelof du Plessis Senior Council (SC) for the Tolhek Aksiegroep, reportedly failed to persuade North Gauteng High Court judge Maria Jansen that there was going to be any 'irreparable harm' once the gantries go live.
Showing there would be 'irreparable harm' if the court does not to hear the case immediately, is a requirement when an argument is made for urgency.
In giving her ruling, Jansen said the Tolhek Aksiegroep was, “not in a position to say a calamitous harm faces it,” should the e-tolling go ahead — the only circumstances in which the court could have entertained the case.
David Unterhalter SC for Sanral, said that if the gantries began working, “the world is not going to fall down. All that is going to happen is that people are going to pay tolls.”
Alex van Niekerk, project manager of the Gauteng Freeway Improvement Project, explained that the system is ready to be implemented from midnight.
“The system has been working for a year already. The only difference is that from tomorrow there will be a number where the charges are currently zero,” said van Niekerk.