Sanral used an “irrational” procedure when it made the decision to go ahead with tolling the N1 and N2, the City of Cape Town has argued in the Western Cape High Court on Tuesday.
The court was hearing the City of Cape Town’s application to have the SA National Road Agency Limited’s (Sanral) proposed toll roads scrapped.
The City’s legal counsel, Geoff Budlender, argued that the Sanral board did not make the decision to give the project the go ahead, but that in fact it was a rogue decision taken by chief executive Nazir Alli. He argued that it was the board who needed to make that decision as required by the Sanral Act.
Budlender contended that “‘a board cannot make a decision passively, through osmosis”, and said there was no evidence of minutes or documents to show that there was such a decision.