City vows to con­tinue fight against tolling pro­pos­als

Weekend Argus (Saturday Edition) - - NEWS -

that would en­able it to toll sec­tions of the city’s two main free­ways.

The city’s mayco mem­ber for Trans­port, Brett Her­ron, said the city, in re­ac­tion to San­ral’s de­ci­sion to ap­peal the court’s de­ci­sion, had “no choice but to also ap­ply for leave to cross-ap­peal” against a sec­tion of the judg­ment that was handed down by Judges Ash­ley Binns-Ward and Nol­wazi Bo­qwana on Septem­ber 30.

The High Court had set aside San­ral’s de­ci­sion to toll por­tions of the N1 and N2, as well as the Trans­port min­is­ter’s 2008 de­ci­sion to de­clare the N1 and N2 as toll roads. The rul­ing ren­dered the project null and void, and meant that if San­ral de­cided to go ahead with it again, it would need to start the en­tire process from scratch.

The city said yes­ter­day that it was cross-ap­peal­ing two sec­tions of the judge­ment – 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 as toll roads, and the or­der re­fus­ing the city’s ap­pli­ca­tion for an in­ter­dict to pre­vent San­ral from con­clud­ing a con­ces­sion con­tract that would de­prive it and the na­tional Trans­port min­is­ter of the dis­cre­tion to de­ter­mine the amount of toll that may be levied, re­bates and in­creases or re­duc­tions, be­fore a proper con­sul­ta­tion process had taken place.

Judg­ment was re­served and Her­ron said “we are await­ing the out­come of the ap­pli­ca­tions for leave to ap­peal”.

He added that it was “re­gret­table that San­ral has opted to waste more time and money on this lengthy and costly ap­peal process”.

“In a let­ter dated Oc­to­ber 12, 2015, the city’s ex­ec­u­tive mayor, Pa­tri­cia de Lille, ex­tended a sec­ond in­vi­ta­tion to Mr Nazir Alli, chief ex­ec­u­tive of­fi­cer of San­ral, to set­tle the mat­ter out­side the courts.

“Alas, San­ral is clearly not in­ter­ested in work­ing to­gether with the city to find a so­lu­tion for the up­grades that may be re­quired for the free­ways.”

The city would take the fight to the coun­try’s high­est courts if need be. – ANA

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