Sanral plans to fight back if the City of Cape Town applies for an interdict to halt the R10 billion N1/N2 toll road project.
|||Cape Town - THE South African National Roads Agency Limited (Sanral) plans to fight back if the City of Cape Town applies for an interdict to halt the R10 billion N1/N2 toll road project.
The city said last week it would apply for an interdict to stop work on the project. This was after it received notification from Sanral that it intended to recommence work on the N1/N2 project.
The mayoral committee member for transport, roads and stormwater, Brett Heron, said the city was concerned that Sanral was going ahead without Cape Town and its residents having a full understanding of the financial implications, and while a review application before the Western Cape High Court has yet to be decided.
In November 2011, the city applied for an interdict to prevent Sanral from going ahead with the toll roads. The parties later agreed that the city would halt its interdict application and Sanral would not start work on the project until the review was completed.
If was agreed if Sanral decided to commence work, it would give the city 45 days’ notice. The notification was received on March 6. This means Sanral could begin work by April 20 without first resolving the city’s concerns.
The city filed an application in March last year asking the high court to review the decisions by then-transport minister S’bu Ndebele and the Minister of Water and Environmental Affairs Edna Molewa to start work on the N1 and N2 toll roads. The city believes the decisions have been “unlawful, unreasonable and procedurally unfair”.
Sanral head of communication Vusi Mona said: “We believe there is no basis for the city to interdict us, but should it go ahead, we will oppose the interdict and seek a punitive costs order against the city.”
Herron said: “There is a basis for us to apply for an interdict. For us to protect the city and its residents, it is important for the city to have a review of the decision which declared the N1 and N2 toll roads. We don’t want the court to say the decision is reviewable, but the roads have already been built - as happened in Johannesburg.”
Herron said Sanral had to provide the outstanding information so the court review would be completed speedily.
Sanral said it intended to begin negotiating with a bidder to conclude a concession contract, secure funding and carry out the work to address safety concerns on the N1 and N2.
“Sanral has never said it intends to start with the project or to conclude the concession contract on the 20th April 2013. The negotiation of such contracts is time-consuming and so is securing funding for the works,” Mona said.
Other Sanral work includes widening the road, from the top of Sir Lowry’s Pass to the Houwhoek Pass, from two to four lanes and building more lanes between the R300 and Sir Lowry’s Pass.
Mona said the bore at the Huguenot Tunnel had exceeded its service level and a second bore needed to be built.
zara.nicholson@inl.co.za
Cape Times