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Cape Town - Sanral accepts the Western Cape High Court's decision to halt its proposed N1/N2 Winelands Toll Highway Project pending a review, a spokesperson said on Tuesday.
"The SA National Roads Agency Limited 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 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.
DA is delighted
Western Cape Democratic Alliance 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.
Flawed process
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."
Withholding information
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.
