Cape Town - The City of Cape Town delayed its application to have the decision to toll sections of the N1 and N2 set aside, says SA National Roads Agency (Sanral).
“For the City of Cape Town, the clock started ticking in September 2008... the City did nothing to gain further information... they did not even write a letter to Sanral,” counsel for Sanral, Bruce Leech, told the Western Cape High Court on Wednesday.
The City of Cape Town has brought an application to have Sanral's decision to toll sections of the highway into Cape Town reviewed and set aside.
Sanral said in its heads of argument that by May 2008, the City already knew its reasons for opposing the toll concession and had by that time, thoroughly investigated the issue.
“By September 2008, the City was aware of all the potential grounds on which to challenge the process,” he said.
Leech said that on September 2 2008 Sanral applied to the minister of transport for approval.
According to Leech, the City did nothing between 2008 and 2011, after which it launched its review application.
The City has also offered no explanation as to why it waited so long, he said.
Leech further argued that the City needed to explain its delay as the Promotion of Administrative Justice Act (PAJA) provided that review proceedings "must be brought without unreasonable delay and in any event not later than 180 days...".
On Wednesday, the City concluded its argument, highlighting 12 points which it said were not considered by the minister of transport and Sanral prior to the approval of the Winelands Toll Highway project.
Geoff Budlender, SC, for the City, said the financial viability of the contract, the affordability of toll tariffs and the impact of traffic diversions were among the things that were not considered.
According to Budlender, the issues "were left floating".
About 180km of highway will be tolled should the Winelands Toll Highway project go ahead.
Sanral is set to resume its argument on Thursday.