The City of Cape Town has vowed to fight fresh plans by the South African National Roads Authority Limited (Sanral) to introduce toll roads in the Western Cape without providing a full understanding of the costs associated with the project, and has launched an urgent application to challenge the decision.
The City’s interdict against the construction of the N1/N2 Winelands Toll Highway Project will be heard in the Western Cape High Court on 16 and 17 May 2013. The City will argue that the project cannot go ahead until a full understanding of the impact and costs associated with the project is known.
The City filed an urgent application in November 2011 to prevent Sanral proceeding with its proposal to toll the N1 highway between the Old Oak interchange and Hex River Valley (105.8km) and the N2 between the R300 and Bot River (70.3km).
Sanral agreed that it would take no further steps towards implementing the project pending the review application being heard. It further agreed to provide the City with a notice period of 45 days before the commencement of any work.
Sanral then served the City notice on 6 March 2013 that it intended resuming the toll project, aiming to conclude a concession contract with a preferred bidder in April and commence construction work. However, the review process has not run its course and it has not addressed any of the City’s concerns relating to the likely magnitude of the toll fees and the impact on road users, the local economy and the city.
As a result of this notice, the City finds it necessary to proceed with its interdict application to prevent the conclusion of the concession contract, as well as the commencement of the project pending the hearing of the review application.
“The City of Cape Town is firm that [Sanral] cannot be allowed to continue with their plans for the N1/N2 Winelands Toll Highway Project without us having a full understanding of all the costs and impact of this project. We are therefore pleased that Sanral have agreed that they will not conclude a concession agreement before 1 June 2013,” says Mayoral Committee Member for Transport, Roads and Stormwater, Councillor Brett Herron.
“Despite the best efforts of the City’s legal teams, Sanral has thus far not provided the people of Cape Town with a full understanding of the financial implications of this massive project. Sanral’s most recent media comments simply mean that they want to engage with the people of Cape Town on their own terms. The people of Cape Town deserve the full story,” he says.
“The City is seeking to have its interdict application heard, so that the residents of Cape Town do not find themselves in the same situation as the one that arose in Gauteng where we may have to finance infrastructure built without first having a full understanding of costs.”
Executive Mayor, Alderman Patricia de Lille, told Council on Wednesday, 27 March 2013 that the
City had made a commitment not to become like Johannesburg, “where toll roads were constructed amid great controversy and with very serious concerns about a lack of proper consultation”.
“We have already stated that we are concerned about the potential impact of tolls on road users, especially people from poorer communities who would be hardest hit by the proposed routes of the toll roads,” she says.
“As befits our constitutional framework, we have already exhausted all available means of inter-governmental dispute. In the interests of the people of Cape Town, we will take our concerns to the courts and ensure that the people of this city, and their representatives, are heard.”
