The Western Cape High Court's decision to halt the proposed N1/N2 Winelands Toll Highway Project pending a review was welcomed from various quarters.
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Cape Town - The Western Cape High Court's decision to halt the proposed N1/N2 Winelands Toll Highway Project pending a review was welcomed from various quarters on Tuesday.
The Freedom Front Plus welcomed the ruling, which prohibits SA National Roads Agency Limited (Sanral) from continuing with the project.
The party's leader in the Western Cape, Corné Mulder, said it supported any action aimed at preventing the introduction of further toll systems in the province.
Western Cape High Court Judge Ashley Binns-Ward ordered that interim relief be granted to the City of Cape Town pending a review of Sanral's decision to implement the project. The review date has yet to be determined.
The Congress of SA Trade Unions welcomed the court's decision “even though this is just a technical gimmick by (the Democratic Alliance),” Western Cape provincial secretary Tony Ehrenreich said in a statement.
He expressed concerns that the legal action was a waste of taxpayers' money because it did not deal with the fundamental issues behind road tolling.
“The DA is thus not opposing the principle of turning basic needs into commodities in all areas, but rather being expedient in the instances of roads, while saying nothing about health care or education, where we also have two-tier systems.”
The funds needed to build and maintain roads should rather be extracted from the wealthy through income tax, Ehrenreich said.
“Cosatu will continue running a real campaign against toll roads, and will not use government money for gimmicks in the courts against toll roads.”
The Automobile Association of SA said in a statement that it was pleased with the granting of the interdict.
“We are hopeful that this action... will make government listen to the voice of the people and use alternative funding,” spokesman Gary Ronald said.
Earlier, Sanral said it accepted the court's decision.
“(Sanral) will study the judgment (handed down on Tuesday) and determine the way forward,” Vusi Mona said.
“What was never in dispute is that upgraded and well-maintained roads are essential for economic growth and social development in the Western Cape; this is in everyone's interest.”
Western Cape DA leader Ivan Meyer was delighted with the “victories scored” by the DA-led city in the tolling matter.
“Sanral's proposed toll roads will affect all the residents of this province and especially the most vulnerable groups,” he said.
“The DA-led City of Cape Town's victory is also a victory for constitutional democracy and for the open opportunity society that the DA has established in the Western Cape.”
Meyer said they would offer the city support in its review application and do their best to keep citizens informed on “the true state of affairs”.
Binns-Ward said it was not in contention that the transport minister at the time, Jeff Radebe, and Sanral, had approved the declaration of the project without knowing its full cost and what the toll fees would be.
It was also not in contention that they had failed to consider whether the toll would be affordable or financially viable.
The city argued the process the two parties had taken left it entirely uncertain as to whether tolling would achieve the intended outcome of meeting costs already incurred through road upgrades.
It argued there was a distinct possibility that current Transport Minister Ben Martins would thus find himself under pressure to impose undesirably high tolls to meet these costs. This would adversely affect the city and its population.
The city's argument was thus not against the physical undertaking of roadworks, but rather the decision process followed.
“The city appears to me to make out a cogent argument for the proper construction of the provision for which it contends,” Binns-Ward said in his written judgment.
“It is an argument which, on the facts, would give rise to a viable basis for the review challenge to the declaration decisions in terms of the Promotion of Administrative Justice Act.”
The city argued Sanral was withholding vital documents it was entitled to in terms of the review application, and wanted an order compelling Sanral to hand these over.
Binns-Ward ordered that Sanral hand over all documents proving its board of directors had made decisions regarding seeking approval for the tolling project from the transport minister at the time.
Sanral also had to hand over a toll feasibility and strategy report, a financial analysis report produced in August 2007, and the “intensive traffic modelling” document.
The proposed concession route along the N1 extends from west of the R300 interchange to Sandhills. The N2 portion extends from west of the R300 to Bot River. About 180km of highway would be tolled should the project go ahead. - Sapa