The Winelands Tolling case has been dragging on for too long already and is once again heading for another round in the courts – this, because the South African National Roads Agency Limited (SANRAL) refused to accept the Western Cape High Court judgment of 30 September 2015 which reviewed and set aside the approvals that would enable SANRAL to toll sections of the N1 and N2 freeways in Cape Town.

In light of SANRAL’s decision to appeal against the judgment, the City of Cape Town applied for leave to cross-appeal against a section of the judgment that was handed down by Justices Ashley Binns-Ward and Nolwazi Boqwana of the Western Cape High Court on 30 September 2015. 

Justices Ashley Binns-Ward and Nolwazi Boqwana of the Western Cape High Court on 4 December 2015 granted SANRAL leave to appeal against the judgment and also granted the City of Cape Town leave to appeal aspects of the judgment, including the refusal of an interdict which the City had sought.

Broadly speaking, Judges Binns-Ward and Boqwana ruled in favour of the City last year. 

As stated above, the City is appealing only in light of the appeal by SANRAL. The City will cross-appeal against the following:

Even though it is within the National Government’s mandate to determine how road infrastructure should be funded, the political decision-makers and public entities such as SANRAL are still obliged to follow due process and to act within the law. 

As such, we remain of the firm belief that the process undertaken by SANRAL to declare portions of the N1 and N2 as toll roads was improper and unlawful and we will take this fight to the country’s highest courts if need be.  

Furthermore, the City remains opposed to tolling as a funding mechanism for the upgrading of existing roads. We are, however, willing and eager to work with SANRAL to find a solution for the infrastructural upgrades that may be required for the N1 and N2 freeways.

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