Battle over tolling of parts of N1 and N2 in Western Cape resumes in court on Tuesday

15 August 2016 - 19:23 By Deneesha Pillay

The court battle over whether or not parts of the N1 and N2 highways in the Western Cape should be tolled will continue on Tuesday. According to Mayoral Committee Member of Transport in Cape Town‚ Brett Herron‚ the matter will be argued before the Supreme Court of Appeal in Bloemfontein in Court B.Herron added that the the City will issue a statement once the proceedings have been concluded.Earlier this year the City stated that the Winelands Tolling case "has been dragging on for too long" and is once again heading for another round in the courts.This after the South African National Roads Agency Limited (SANRAL) did not accept the Western Cape High Court judgment in September 2015 which reviewed and set aside the approvals that would enable SANRAL to toll sections of the N1 and N2 freeways in Cape Town.In light of SANRAL’s decision to appeal against the judgment‚ the City of Cape Town applied for leave to cross-appeal against a section of the judgment that was handed down by Justices Ashley Binns-Ward and Nolwazi Boqwana of the Western Cape High Court‚ the City said.“Justices Ashley Binns-Ward and Nolwazi Boqwana of the Western Cape High Court on 4 December 2015 granted SANRAL leave to appeal against the judgment and also granted the City of Cape Town leave to appeal aspects of the judgment‚ including the refusal of an interdict which the City had sought‚” the City added.According to Herron the City is appealing only in light of the appeal by SANRAL.The City will cross-appeal against the following: - The court order dismissing the City’s application for reviewing and setting aside the decision of the SANRAL Board in 2014 to declare certain sections of the N1 and N2 as toll roads - The order refusing the City’s application for an interdict to prevent SANRAL from concluding a concession contract that would deprive SANRAL and the National Minister of Transport of the discretion to determine the amount of toll that may be levied‚ rebates and increases or reductions before a proper consultation process has taken place“Even though it is within the National Government’s mandate to determine how road infrastructure should be funded‚ the political decision-makers and public entities such as SANRAL are still obliged to follow due process and to act within the law.“As such‚ we remain of the firm belief that the process undertaken by SANRAL to declare portions of the N1 and N2 as toll roads was improper and unlawful and we will take this fight to the country’s highest courts if need be‚” the City said...

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