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Cape Town – The City of Cape Town has not given a reason why it delayed its application to have the SA National Roads Agency's (Sanral’s) toll plans reviewed and set aside, according to Sanral.
Bruce Leech for Sanral said the City did nothing, even though it was aware that Sanral’s plan to set up a tolling concession - which would include roads on the N1 and N2 highways - was progressing.
“Their lack of conduct is inconsistent with their... intention to oppose the project,” Leech told the Western Cape High Court in a presentation of Sanral’s heads of argument.
The court was hearing the City's application to have Sanral's decision to toll sections of the highway into Cape Town reviewed and set aside.
“The only explanation that the City gives for waking up... is that it sought legal advice,” he said.
In an impassioned plea to Judge Ashley Binns-Ward, Leech stressed: “We don’t have an explanation.”
About 180km of highway will be tolled, should the Winelands Toll Highway project go ahead.
On Wednesday Leech argued that the City did nothing between 2008 and 2011, after which it launched its review application.
Leech further argued that the City needed to explain its delay as the Promotion of Administrative Justice Act provides that the review proceedings “must be brought without reasonable delay and in any event not later than 180 days”.
Court proceedings will continue, with Leech arguing that the City’s delay was unreasonable and that it disadvantaged Sanral’s administrative process.
