Sanral set to appeal judgment blocking Winelands toll project
Last month, the WC High Court ruled in the City’s favour by setting aside the declaration to toll.
CAPE TOWN - The South African Roads Agency Limited (Sanral) has applied for leave to appeal a High Court judgment that has effectively blocked the N1/N2 Winelands tolling project from going ahead in the near future.
The City of Cape Town took Sanral to court over a decision to toll sections of the two highways, arguing the move would negatively impact the province's poor.
Last month, the Western Cape High Court ruled in the City's favour by setting aside both the declaration to toll and the Transport Minister's approval of the project.
The roads agency has filed papers, applying for permission to challenge the judgment in the Supreme Court of Appeal in Bloemfontein.
#Winelands Sanral is applying for leave to appeal the WC High Court judgment of Sept 30. Filed papers. RE— EWN Reporter (@ewnreporter) October 26, 2015
In legal papers, Sanral argues that the Western Cape High did not place sufficient weight on the City of Cape Town's failure to provide an explanation for its delay in taking legal action from September 2008 until March 2012.
The City has successfully challenged the validity and lawfulness of a series of decisions which led to the project getting the green light in 2008.
Should the roads agency want to proceed with tolling it will have to institute the necessary processes, seeking government approval, from scratch.
But Sanral has previously said that if the project does not go ahead now, the highways won't be upgraded for at least two decades, if at all.