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Cape Town takes toll fight to court
Friday, 29 November 2013
The City of Cape Town will approach the Western Cape High Court in a bid to force the South African National Roads Agency Limited (SANRAL) to provide a complete record of documents, Transport Mayoral Committee member and councillor, Brett Herron, said in a statement this week.

Earlier this year the City filed an urgent application in the court for an interdict against SANRAL proceeding to implement or advance the N1/N2 Winelands Toll Highway Project and for an order compelling SANRAL to provide the documents.

The court granted the interdict, restraining SANRAL from taking any steps to implement the proposed project pending the final determination of the City’s review application and ordered SANRAL to hand over the documentation.

SANRAL has withheld some documents that include the bid documents of the consortium selected as the ‘preferred bidder’ to operate the toll roads on the basis that it believes them to be confidential, said Brett. The body also argued that it is entitled to withhold documents that it regards as ‘irrelevant’.

Herron said the City disputed that these documents were confidential and is of the opinion that some of these documents may indeed be relevant to the matter and necessary for the proper preparation of its case.

“Nevertheless, to speed up the proceedings, the City’s lawyers have signed confidentiality agreements so that they can review the documents to see whether or not SANRAL’s claims of confidentiality are justified,” said Brett.

According to Brett, the confidentiality agreements were sent to SANRAL’s lawyers on November 15, but SANRAL has not made these documents available.

“The City believes that the people of Cape Town and surrounding areas are entitled to a full disclosure of the financial implications of the proposed N1/N2 Winelands toll project,” said Herron. “The City will make every effort to ensure that this happens and to avoid the situation being experienced in Gauteng, where the financial impacts on the public were only revealed after the toll roads had been constructed,” the statement concluded.
By : etnw
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