National
SANRAL interdicted about WC tolls─── 15:26 Tue, 21 May 2013
Cape Town - The City of Cape Town was granted an interim interdict on Tuesday halting the proposed N1/N2 Winelands Toll Highway Project in the Western Cape.
Western Cape High Court Judge Ashley Binns-Ward ordered that interim relief be granted pending the court's review of the SA National Road Agency Limited's (Sanral) decision to implement the toll project.
The review date has yet to be determined.
Binns-Ward said it was not in contention that the transport minister at the time, Jeff Radebe, and Sanral had approved the declaration of the project without knowing its full cost and what the toll fees would be.
It was also not in contention that they had failed to consider whether the toll would be affordable or financially viable.
The city argued that the process these two parties had taken left it entirely uncertain whether tolling would achieve the intended outcome of meeting costs already incurred through road upgrades.
It argued that there was a distinct possibility that current Transport Minister Ben Martins would, as a result, find himself under pressure to impose undesirably high tolls to meet these costs.
This would adversely affect the city and its population.
The city's argument was not against the physical undertaking of roadworks, but rather against the decision process that was followed.
"The city appears to me to make out a cogent argument for the proper construction of the provision for which it contends," Binn-Wards said in his written judgment.
"It is an argument which, on the facts, would give rise to a viable basis for the review challenge to the declaration decisions in terms of the Promotion of Administrative Justice Act."
The city argued that Sanral was withholding vital documents it was entitled to in terms of the review application, and it wanted an order compelling Sanral to hand these over.
Binns-Ward ordered that Sanral hand over all documents proving that its board of directors had made decisions regarding seeking approval for the tolling project from the transport minister at the time.
Sanral also had to hand over a toll feasibility and strategy report, a financial analysis report produced in August 2007 and the 'intensive traffic modelling' document.
The proposed concession route along the N1 extends from west of the R300 interchange through to Sandhills. The N2 portion of the proposed toll road concession extends from west of the R300 to Bot River.
About 180km of highway will be tolled should the project go ahead.
Sapa
Western Cape High Court Judge Ashley Binns-Ward ordered that interim relief be granted pending the court's review of the SA National Road Agency Limited's (Sanral) decision to implement the toll project.
The review date has yet to be determined.
Binns-Ward said it was not in contention that the transport minister at the time, Jeff Radebe, and Sanral had approved the declaration of the project without knowing its full cost and what the toll fees would be.
It was also not in contention that they had failed to consider whether the toll would be affordable or financially viable.
The city argued that the process these two parties had taken left it entirely uncertain whether tolling would achieve the intended outcome of meeting costs already incurred through road upgrades.
It argued that there was a distinct possibility that current Transport Minister Ben Martins would, as a result, find himself under pressure to impose undesirably high tolls to meet these costs.
This would adversely affect the city and its population.
The city's argument was not against the physical undertaking of roadworks, but rather against the decision process that was followed.
"The city appears to me to make out a cogent argument for the proper construction of the provision for which it contends," Binn-Wards said in his written judgment.
"It is an argument which, on the facts, would give rise to a viable basis for the review challenge to the declaration decisions in terms of the Promotion of Administrative Justice Act."
The city argued that Sanral was withholding vital documents it was entitled to in terms of the review application, and it wanted an order compelling Sanral to hand these over.
Binns-Ward ordered that Sanral hand over all documents proving that its board of directors had made decisions regarding seeking approval for the tolling project from the transport minister at the time.
Sanral also had to hand over a toll feasibility and strategy report, a financial analysis report produced in August 2007 and the 'intensive traffic modelling' document.
The proposed concession route along the N1 extends from west of the R300 interchange through to Sandhills. The N2 portion of the proposed toll road concession extends from west of the R300 to Bot River.
About 180km of highway will be tolled should the project go ahead.
Sapa
