The City of Cape Town has emerged victorious in a fight to stop the South African National Roads Agency Limited (Sanral) from tolling the N1 and N2.
This comes after the Constitutional Court on Friday dismissed Sanral’s application for leave to appeal against the judgement of the Supreme Court of Appeal in the Winelands tolling matter.
The City of Cape Town and Sanral have been embroiled in a legal battle for five years now over the tolling of about 180 kilometres of the N1 and N2 in the province that would have cost several billion rand.
Plans included the construction of a 13km new section of N2 in Somerset West, some 14 new/upgraded interchanges, the opening and provision of a second tunnel next to the Huguenot Tunnel at Du Toitskloof Pass, as well as the infrastructure and equipment for several tolls along the two highways.
The City has maintained that the process followed by Sanral was “unlawful and improper” and the two parties have been in and out of court several times.
Cape Chamber of Commerce and Industry president, Janine Myburgh, welcomed the ruling pointing out that the widespread objections when Sanral first voiced its intentions had been simply ignored, adding that the the road’s agency would now have to follow the correct processes and procedures.
“A new public participation process would also expose Sanral to questions on their business model and why they continued to charge ever-increasing toll fees on projects that have already been paid for, such as the Huguenot Tunnel,” she said.
Brett Herron, mayoral committee member for transport, said not only did Sanral have to concede defeat, it was also ordered to pay all legal costs in the matter.
According to Herron the ruling does not mean that Cape Town won’t see its roads tolled, just that the current process has to be scrapped. “If Sanral still harbours any intent to toll sections of the N1 and N2 freeway, it will have to start the process again,” he said.
Sanral said in a statement said it would abide by the ruling and would be engaging with stakeholders in Cape Town to find a solution to the growing congestion. It said discussions with the city had already begun.
