The City of Cape Town is demanding through the courts that the South African National Roads Agency Limited disclose how much drivers will pay on the N1/N2 toll roads.
The agency has declined to say, so the city has filed an urgent interdict to stop the toll road project after 15 years in the planning, over uncertainty on how much it will cost drivers. On Tuesday mayoral committee member for transport, roads and stormwater Brett Herron lashed out at Sanral for not providing the cost implications, citing its “obstructive and secretive conduct”.
He said the city had filed its interdict papers last Wednesday. Sanral spokesman Vusi Mona said opposing papers seeking punitive costs would be filed this week.
The city lodged an application in the Western Cape High Court in 2012 to review the decisions by then minister of transport S'bu Ndebele and minister of water and environmental affairs Edna Molewa. It believes their decisions authorising the tolling are “unlawful, unreasonable and procedurally unfair”.
'JUST HOW MUCH WILL IT COST?'
The city is waiting for information from Sanral such as the costs of upgrading and tolling the N1 and N2, the probable magnitude of the toll fees and the impact on road users, the local economy and the city.
Sanral has refused to give this information to the city.
On March 1, the city applied for an order to compel Sanral to provide information for the review to be heard on the same day as the interdict, on May 16.
On March 6, Sanral sent the city notice of its intention to advance or implement the N1/N2 toll project. It said it would start negotiating with the preferred bidder and, if necessary, the reserve bidder to conclude a concession contract. Negotiation of such contracts was a lengthy process and work on the project would not start soon.
INTERDICT APPLICATION
The city applied for an interdict to stop Sanral from working on the N1-N2 Winelands project until it had a full understanding of the costs through the review application. In November 2011, the city agreed to halt its earlier interdict application. Sanral agreed not to start work until the court review was complete.
If it decided to start work, it would give the city 45 days' notice. This was the notice given on March 6, which means Sanral could start work on the project without the city addressing the costs concerns.
LONG ROAD TO CURRENT IMPASSE
Thirteen years ago (Sanral) awarded 'cheme developer' tatus to Protea Parkways Consortium, which proposed operating parts of the N1 and N2 as toll roads.
The developer said the toll was needed to improve the Western Cape's arterial roads and stop them falling into disrepair as traffic volumes increased. But there was concern tolls would be expensive and could cause congestion.
One toll was planned for a 104km stretch of the N1 from the Old Oak interchange to Sandhills on the far side of Worcester. A second was planned for a 66km stretch of the N2 from the R300 outside Khayelitsha to Bot River.
HIGHER COMMUTING COSTS
By 2003 an environmental impact assessment was approved by the dpartment of turism and evironmental afairs. Construction could go ahead.
But organisations that feared traffic would be diverted maintained their opposition to the proposals.
They were later joined by trade unions who said tolls would lead to higher commuting costs for workers. They said money for improving roads could be raised more easily by instituting a fuel levy.
Later in 2003 Sanral said construction could start in 2005.
The department of environmental affairs and tourism granted environmental authorisation for the project.
In 2005 parties including the city appealed against this decision saying the environment minister failed to consider socio-economic impacts.
They lost the appeal and in 2008 the environmental minister granted the approval and Sanral declared that the highways should be tolled.
R30 MILLION TUNNEL
But in 2005, new minister of tourism Marthinus van Schalkwyk backtracked on the toll road approval by his department.
The town of Helderzicht would have been cut in two by the road. It was proposed that Sanral build a 150-metre, R30 million tunnel under the town.
In 2008, the DA vowed to oppose toll roads in court.
Two years later Sanral announced its preferred bidder, Protea Parkways Consortium. The agency said it would cost about R10 billion to implement the project.
But the roads agency now faced concerted opposition.
Later that year the City of Cape Town applied for an order preventing the agency from going ahead.
The 2008 environmental authorisation is due to expire this year. - Cape Argus