The South African National Roads Agency (Sanral) has been granted leave to appeal the judgment passed down on 30th September that preventing it from declaring sections of the N1 and N2 toll routes.
The decision was passed this morning in the Western Cape High Court by judges Ashley Binns-Ward and Nolwazi Boqwana who also granted the CoCT leave to appeal aspects of the September judgment including the refusal of an interdict it had previously sought.
The interdict in question was set to deny Sanral and the National Minister of Transport the discretion to decide the toll amount to be levied against motorists.
According to a statement by Mayoral committee member for transport for Cape Town, Councillor Brett Herron, neither party contested the applications for leave to appeal.
The Court did however rule that Sanral must pay for legal costs incurred by CoCT including;
- costs of three counsel for the interim interdict which was granted in March 2013,
- costs of the expert witnesses CoCT called upon in the review application,
- costs of the procedural applications CoCT won during litigation,
- 70% of CoCT’s remaining costs in the review.
Councilor Herron said in the statement, “broadly speaking, judges Binns-Ward and Nolwazi Boqwana ruled in favour of the City. The City is appealing only in light of the appeal by Sanral.”
The CoCT has said that it remains opposed to tolling as a funding mechanism for upgrading of roads but that it is willing to work with Sanral to find a solution to funding upgrades to infrastructure.
[Image CC by 2.0 – Chris Eason]