City vows to continue fight against tolling proposals
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