Sanral denies ‘forged’ N2 documents

WILD COAST TOLL ROAD 4 JOHN YELD (John Yeld pic) 24.03.2004 THE PROPOSED NEW N2 WILD COAST TOLL ROAD WILL HAVE TO CROSS SEVERAL HUGE RIVER GORGES IN RURAL PONDOLAND, INCUDING THE MTENTU GORGE WHICH WILL REQUIRE A HUGE BRIDGE

WILD COAST TOLL ROAD 4 JOHN YELD (John Yeld pic) 24.03.2004 THE PROPOSED NEW N2 WILD COAST TOLL ROAD WILL HAVE TO CROSS SEVERAL HUGE RIVER GORGES IN RURAL PONDOLAND, INCUDING THE MTENTU GORGE WHICH WILL REQUIRE A HUGE BRIDGE

Published Apr 23, 2015

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Pretoria - The South African National Roads Agency Limited has denied that it submitted several “forged” documents in an attempt to deliberately mislead the high court over the N2 Wild Coast toll road controversy.

Responding to allegations that his agency submitted a number of allegedly fraudulent signatures to the Gauteng High Court, Sanral chief executive Nazir Alli denied there was any evidence to support the claims of forgery made by attorney Cormac Cullinan, acting for Wild Coast residents opposed to the construction of a new toll road between Durban and East London.

Alli said in court papers that Cullinan’s claims had caused “significant reputational harm” to Sanral.

The agency had asked hand-writing expert Cecil Greenfield to examine the allegedly forged signatures and he had concluded that one of the signatures in dispute was “in all probability, authentic”.

However, Greenfield stressed in his report that this opinion was qualified and that there was still “room for doubt” about the authenticity of the disputed signature.

Though the signature appeared to have been written spontaneously and at a fair speed, there were some “obvious dissimilarities”.

Such differences could be expected in anyone’s signature, but he would have to study more versions of the genuine signature to prove the authenticity of the disputed signature.

The allegations of forgery follow a prolonged legal battle over plans to build the proposed N2 Wild Coast toll road, originally authorised by the national Department of Environmental Affairs in 2010.

Cullinan, on behalf of communities opposed to the toll road, later launched legal proceedings to challenge the authorisation process and this was opposed by Sanral in an interlocutory application.

SUPPORT

During this application Sanral submitted a number of affidavits said to have been signed by community members expressing support for the toll road.

One of these affidavits was allegedly signed last November by Nomvelwana Mhlengana, a resident of the Mdatya community near the Wild Coast Sun casino.

However, Mhlengana has been a vociferous opponent of the proposed toll road and the proposed dune mining venture in the same area.

Mhlengana, who is also a member of the Umgungundlovu traditional authority and Amadiba traditional authority, said in court papers she was angry with Sanral for filing a document which made it appear that she was guilty of perjury or had changed her tune.

She repeated that she was an outspoken opponent of the toll plan and there seemed to be an attempt to damage her reputation and standing in the community.

Cullinan said a copy of her disputed signature was submitted to a handwriting expert, who was unable to form a conclusive view on its authenticity because the original version of her “forged” signature and other documents had vanished from the court file.

The missing document now appears to have been recovered via Sanral, however, and was examined last month by handwriting expert Cecil Greenfield at Sanral’s request.

Alli argues that it is clear from the opinion of Greenfield that the forgery claim was false.

He conceded, however, that no legal reliance could be placed on Mhlengana’s affidavit and three other disputed affidavits as none of them were signed in the presence of a commissioner of oaths. They were only witnessed and stamped at a police station a day later.

NOT KNOWN IN THE SIGIDI COMMUNITY

Alli also does not appear to have responded directly to Cullinan’s challenge to produce evidence of the existence of three other people who allegedly signed affidavits in support of Sanral’s toll road.

Cullinan said the three people were not known in the Sigidi community and he invited Sanral to place evidence before court to prove the existence of Msulwa Ndovela, Mfihlelwa Mdatya and Gotyelwa Mathumbu.

In response to this challenge Alli produced affidavits by a Sanral community relations worker and the local ANC ward councillor stating that the affidavits were signed in their presence by Ndovela, Mdtaya and Mathumbu.

“It does not follow that because the deponents are not known to certain persons that the affidavits are forged. The statement by Cullinan in this regard is indicative of his tendency to make serious allegations regarding Sanral and its conduct without regard to the facts,” said Alli.

Alli also disputed suggestions by Cullinan that Sanral had “virtually unlimited access to funds (from the public purse) to pursue this litigation” whereas his clients had limited finances and that there was a “cynical attempt” by Sanral to deny access to justice by local communities.

Alli said he believed that Cullinan had also made a number of “unfounded and defamatory comments to the press” over the forgery allegations - and if he had been quoted correctly in these reports, then Sanral would seek an order for Cullinan to pay court costs in his personal capacity.

The Mercury

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