Cape Town - The Western Cape High Court on Friday granted the South African National Roads Agency (Sanral) leave to appeal against its judgement setting aside the approvals that would enable it to toll sections of the N1 and N2 freeways in Cape Town.
“If they want to continue with the toll roads they will have to start the whole process again. This time it must include public consultation,” Executive Mayor Patricia de Lille said at the time.
The proposed N1/N2 Winelands project has been dragging on since 2008.
READ: Cape toll saga not over yet
The City of Cape Town was also granted leave to appeal aspects of the judgment, including the refusal of an interdict which the City had sought.
By agreement, the City and Sanral did not oppose each other’s applications for leave to appeal and cross-appeal. The Supreme Court of Appeal will hear the appeal in 2016.
On Friday the High Court also ruled that Sanral must pay all of the City’s legal costs, which included amongst others the costs of three counsel for the interim interdict which the City successfully obtained on March 28 2013 and the costs of the City’s expert witnesses in the review application.
The City said it was appealing "only in light of the appeal by Sanral". It is will cross-appeal against the court order dismissing the City’s application for reviewing and setting aside the decision of the Sanral board in 2014 to declare certain sections of the N1 and N2 as toll roads.
It will also cross-appeal the order refusing the City’s application for an interdict to prevent Sanral from concluding a concession contract that would prevent Sanral and the minister of transport, among other things, from the discretion to determine the amount of toll that may be levied before a proper consultation process has taken place
The City said in a statement on Friday that it remains opposed to tolling as a funding mechanism for the upgrading of existing roads, but would work with Sanral to find a solution for infrastructural upgrades that may be required for the N1 and N2 freeways.
The Sanral spokesperson could not be reached for comment.