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Cape Town takes shotgun approach on tolls, court hears

Cape Town – The City of Cape Town is entirely against tolling and has taken a shotgun approach, the Western Cape High Court heard on Thursday.

Chris Loxton SC, for Sanral, has accused the City of mounting a shotgun approach against Sanral’s plans to implement a toll concession on parts of the N1 and N2 highways in the Cape Winelands.

“They have criticised every aspect of the process...the City places an unnecessary burden on the court,” Loxton said.

“What is a criticism on the merits of tolling is dressed up in the clothes of a review.”

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.

According to Loxton the City was speculating on the extent and budget of the project despite the contract not having been concluded yet.

As part of Sanral’s heads of argument Loxton accused the City of making no attempt to recognise the benefits of tolls and “premised that Sanral is engaging on an irrational process”.

The maintenance of roads in the Cape Winelands will become exponentially more expensive in the absence of upgrades, said Loxton.

Loxton further challenged the City’s suggestion that Sanral undertake upgrades and maintenance (excluding a private company) at a lower cost to Cape Town residents.

“If this process is followed the road will not get money,” he said.

On Wednesday Geoff Budlender SC, for the City, presented twelve points which were not considered by the minister of transport and Sanral in its decision-making process.

According to Budlender the financial viability of the contract, the affordability of toll tariffs, and the impact of traffic diversions and attractions 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.

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