If motorists in the Western Cape and Gauteng were to be charged the same, then Sanral would have to pay PPC a conservatively estimated R29 billion – in addition to the tolls which motorists would have to pay to PPC.
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“We argued that none of this evidence was available to the decision-makers and that it was a grave omission, given that that the colossal figures ultimately address the considerations about the viability of the Winelands Toll Project and the question of where the money to fund this project will come from”.
He also argued that the environment minister gave authorisation for the project to go ahead after “considering only the biophysical aspects of the proposal”.
And, Budlender argued that if the tolls are set at a lower rate, Sanral would have to pay the shortfall to Protea Parkway Constortium (PPC) – the developer.
Sanral spokesman Vusi Mona said: “We are going into this trial knowing that this is not the be all and end all of tolling, and that demonising Sanral, which has a legitimate mandate from the [national] government in the rollout of a viable national road network, will not work”. In court papers submitted by the city, it estimates that “PPC’s pre-tax profit will be R21,2-billion, or 39c of each rand in toll payments”. National Government recently capped the e-toll tariffs in Gauteng at 30 c/km including Value-Added Tax.
Among these are that the national environmental affairs minister at the time signed off on the project without considering its socioeconomic effect; that the transport minister failed to consider the merits and effects of tolling; and the Sanral board was unable to produce a record of its decision to toll the roads, implying that it was the CEO Nazir Alli alone who decided. This is not “fatal”, however, as sufficient documentary evidence exists to show that the project had already been discussed and considered.
The city is concerned about the impact the tolls would have on the economy and its residents.
Sanral also says that toll fees for the roads have yet to be determined, and that the terms of the contract with PPC have yet to be finalised. Both Sanral and the Treasury had been unaware of this risk, before it was pointed out by the city.
“The attitude of the city is remarkably similar to that of the applicants in the Outa (Opposition to Urban Tolling Alliance) litigation (in Gauteng), who were also mistakenly of the view that they could choose to take the benefits of the enhancements of the highways without assuming the costs”, Sanral’s heads of argument states.
Democratic Alliance provincial deputy leader Bonginkosi Madikizela and other party members are set to picket outside the building in Keerom Street to oppose the tolling scheme.
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Sanral maintains that tolling is “the only option” to pay for the N1 and N2 upgrades.
