Judgment due in Cape toll court battle

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Cape Town – The Western Cape High Court was on Wednesday expected to deliver judgment in the City of Cape Town’s bid to have Sanral's decision to toll highways in the province set aside.

During the court proceedings, the City told the court that the Minister of Transport at the time, Jeff Radebe, made the decision to toll the roads on the basis that the state would not carry any costs.

If passed, the toll fees could be set at 74c per km, which amounts to three times that which Gauteng users currently pay.

This is a move which the City has argued to be unlawful.

It was understood that SA National Roads Agency Limited (Sanral) made known its plans to toll the N1 and N2 Cape Winelands highways in 2008.

The company questioned why the City had delayed in bringing the matter to court and raised the Promotion of the Administrative Justice Act (PAJA).

According to the PAJA, review proceedings "must be brought without unreasonable delay and in any event not later than 180 days".

The City's lawyers said although they had delayed in raising the matter, they called for the court to weigh this against an "unlawfully built" toll project "that will affect all the people of the City over a period of thirty years".

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