Celebrating the end of tolling is premature, says SANRAL
1 October 2015
The judgement handed down yesterday by the Western Cape High Court does not signal the death of tolling. To state this would be outright misleading to the public.
In its ruling on the review application brought by the City of Cape Town to challenge SANRAL’s decision to toll the N1/N2 Winelands Project, Judges Binns-Ward and Boqwana said: “It is thus important at the outset of this judgment to emphasise that it is not the function of the courts to determine one way or the other whether the roads should be tolled.”
And further: “Whether the roads should be tolled or not is a matter to be decided within the relevant statutory framework by SANRAL and the Minister of Transport, not by the courts.”
In fact, the court found against SANRAL only on a narrow, procedural point, i.e. that the intent to toll process was flawed. This means that the courts believed that the administrative requirements laid out in Section 27(4) of the SANRAL Act had not been correctly followed