City’s review application may save SANRAL from another tolling disaster
12 August 2015
The City of Cape Town has, on the second day of our application to the Western Cape High Court for reviewing and setting aside SANRAL’s proposed tolling of portions of the N1 and N2 freeways, argued that the National Minister of Transport and the SANRAL Board failed to consider key issues about the proposed Winelands Toll Project.
These considerations are at the heart of the proposed project and should have been assessed for a proper decision to be made:
- The potential reimbursement for which SANRAL would be liable: the concession contract addresses the risk that the National Minister of Transport may determine lower values than the concessionaire is entitled to charge under the concession contract. It provides that if this occurs SANRAL must reimburse the concessionaire by an amount that will place the concessionaire in the same economic position that the concessionaire would have been in had the failure, refusal or delay on the part of the Minister not happened. The potential reimbursement is calculated to be R32,8 billion (2010 real values excl. VAT)
- The financial viability of the project: the fact that the public will, over a 30 year concession period, pay between R44,9 billion and R48,4 billion in toll fees (2010 values excluding VAT)