Sanral plays hide and seek in Cape tolling saga

The SA National Roads Agency dug in its heels in the Cape Town High Court yesterday, refusing to make public documents related to the proposed tolling of the N1 and N2 freeways.

The City of Cape Town and Sanral have since 2012 been embroiled in a bitter high court battle over the implementation of the proposed N1-N2 Winelands Toll Highway Project.

Sanral and the project's preferred bidder, Protea Parkways Consortium, maintain that details of proposed toll fees, the cost of building tolling infrastructure and how the money raised from motorists will be spent should not be made public on the grounds of "commercial confidentiality".

Their application was heard in camera yesterday.

Three non-governmental organisations - Right2Know, the Open Democracy Advice Centre and Section 16 - were admitted as friends of the court.

Alison Tilley, Right2Know's Western Cape spokesman, said the city and Protea Parkways Consortium were willing to release a "watered down" version of the contentious document but Sanral would have none of it.

"After the Right2Know Campaign, Section 16 and the Open Democracy Advice Centre intervened today it appeared that the parties would compromise on releasing a redacted version of the court papers, withholding information that Sanral and the consortium allege is commercially confidential. This would at least give the public a foot in the door," said Tilley.

"The other parties, all the relevant national and provincial ministers, the City of Cape Town and Protea Parkways Consortium are not opposing the release of a redacted version. But Sanral has refused to agree to this. This leaves Sanral isolated in its insistence on unjustifiable secrecy.

"The question we have is: who is going to get rich?" asked Tilley.

Right2Know supporters protested outside the court, brandishing banners denouncing secrecy. One read: "No secret court hearings; no secret court papers!"

In May last year the City of Cape Town obtained an interdict against Sanral preventing it from tolling the two freeways.

The interdict will be effective until finalisation of the city's court application for an order to set aside Sanral's declaration of a toll road.