SCA reserves judgment on Winelands toll appeal
The City of Cape Town, strongly opposed to the SA National Roads Agency’s (Sanral’s) plan to toll segments of the N1 and N2 in the Western Cape, says it is prepared to take its fight against tolling plans to the Constitutional Court if necessary. A BDlive report notes that in 2015, the Western Cape High Court put the brakes on Sanral’s tolling plans, when it ruled in the metro’s favour by setting aside the declaration to toll sections of the highways.
The court ruled that if Sanral wanted to proceed with the project it had to start from scratch and conduct a process supported by proper public participation.
Sanral then appealed against the judgment in the SCA, which yesterday heard arguments on the matter before reserving judgment. The city wants the court to dismiss Sanral’s appeal with costs of the three counsel involved. The city again argued that the process undertaken by Sanral was improper and unlawful, as were some of the decisions preceding the declaration.
Sanral has argued that its board was aware of all aspects of the Western Cape Winelands toll project and that all decisions relating to it were taken lawfully and in accordance with the Sanral Act.
Brett Herron, Cape Town’s mayoral committee member responsible for transport, said after yesterday’s hearing: ‘The city remains opposed to tolling as a funding mechanism for the upgrading of existing roads and we will take this fight to the country’s highest court if need be. We are, however, willing and eager to work with Sanral to find a solution for the infrastructural upgrades that may be required for the N1 and N2 freeways.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





