N1/N2 toll roads: City will ask Court for interdict to stop SANRAL going ahead

City to request interdict to stop SANRAL going ahead with N1/N2 toll road project without Cape Town having a full understanding of the toll costs and the review application still to be decided by the Western Cape High Court. Read more below:

The City of Cape Town is gravely concerned by SANRAL's notification that it intends to recommence the N1-N2 Winelands Toll Highway Project without the City and its residents having a full understanding of the financial implications of the project; and a review application, currently before the Western Cape High Court, still to be decided.

Previously, and in response to the City's urgent interdict application filed in November 2011, SANRAL agreed that it would take no further steps towards implementing the toll road project pending the City's review application being heard and that it would provide the City with 45 days' notice of its intention to start working on the toll project. Such notification was received on 6 March 2013. This means that SANRAL could commence work on the project by 20 April 2013 without first resolving the City's concerns.

"The City does not believe that SANRAL has been transparent in its engagement with the City, and hence we will ask the Court to compel SANRAL to provide all information necessary regarding this project as a matter of urgency. This will allow the review process to be concluded fairly and speedily," said Councillor Brett Herron, Mayoral Committee Member for Transport, Roads and Stormwater.

SANRAL has thus far refused to share with the City:

• Information relevant to the costs of upgrading and tolling the N1 and N2;
• The likely magnitude of the toll fees; and
• The impacts on road users, the local economy and the City.

The City does not want a similar situation to arise here that arose in Gauteng, that the toll road was built before residents had a full understanding of the fees and cost implications.

On Wednesday 28 March 2012 the City of Cape Town filed its application in the Western Cape High Court to review the decisions of SANRAL, the Minister of Transport and the Minister of Environment which make it possible for SANRAL to toll the N1 and N2 into Cape Town.

This review has not yet been concluded and the City believes that SANRAL's decision to go ahead with this project before the court has decided the review application, undermines the right of the City and its people to have the court determine the lawfulness of the project before it commences.

"The City of Cape Town has made every reasonable effort to resolve the dispute regarding the tolling of the N1 and N2 into Cape Town through the inter-governmental dispute process, between the City, SANRAL and the National Ministers of Transport and Environment, however this process has been unsuccessful. We believe the decisions which authorised the tolling of the N1 and N2 are unlawful, unreasonable and procedurally unfair," said Councillor Herron.

In its notice to the City on 6 March, SANRAL indicated its intention to conclude a concession contract with the preferred bidder - the Protea Parkways Consortium - or if necessary the reserve bidder, at an unspecified time after 20 April 2013. SANRAL has also notified the City that it intends commencing with construction work, but it refuses to tell the City what work it plans to do, or when it will do it.

As a result of this notice, it is necessary for the City 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 will therefore seek to have its interdict application heard urgently; certainly before 20 April 2013.

"SANRAL has not been forthcoming with how much this project would cost the residents of Cape Town and going ahead without this information is unfair on the residents of Cape Town and our local economy," said Councillor Herron.

Statement issued by Councillor Brett Herron, Mayoral Committee Member for Transport, Roads and Stormwater, City of Cape Town, March 20 2013

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