City to oppose SANRAL's bid for toll road secrecy

The City of Cape Town will present compelling arguments in the Western Cape High Court tomorrow, 4 August 2014, on why we should be allowed to file our supplementary founding papers in an open court. Read more below:

Included in these supplementary papers are matters of great public importance about the proposed tolling of the N1 and N2 freeways and the construction of a project involving billions of rands to be funded by public money. The City is opposing this tolling project with all the resources at its disposal and we are looking forward to meeting SANRAL in court tomorrow.

In fact, the City is very keen to be privy to the exceptional circumstances that are fuelling SANRAL's secrecy application as we believe the public has a right to know this information, and that no part of our court papers should be kept from our residents. This matter is of utmost importance, especially when one bears in mind that the City believes that the tolling will have a disproportionately negative effect on poorer residents.

The City's supplementary papers include the following:

• facts and figures about the cost to convert the N1 and N2 into toll roads
• the proposed toll fees and how these compare with the e-tolls paid by motorists in Gauteng
• the toll revenue that the preferred bidder expects from the N1 and N2 toll project
• how many Cents of every Rand collected in toll fees will be spent on the tolling project infrastructure and operations - as opposed to road improvements and road maintenance
• a number of expert reports dealing with issues such as the economic and socio-economic impacts of tolling.

However, SANRAL wants to keep the public in the dark about their toll project and is using the excuse of ‘commercial confidentiality' to prevent the City from disclosing the information mentioned above.

This matter whether the City may file its papers in an open court or whether all or part should be kept secret (as SANRAL contends) will be argued in camera.

We are of the firm opinion that SANRAL's position is inconsistent with its duties of accountability and transparency, and furthermore that the public disclosure of the City's grounds for opposing the tolling project is in accordance with the principles of open justice, the right to access to information, and press freedom.

The High Court interdict granted to the City in May last year prevents SANRAL from signing the concession contract in respect of the proposed tolling of the N1 and N2. The interdict applies until the finalisation of the City's application for an order reviewing and setting aside SANRAL's declaration of a toll road and the selection of Protea Parkways Consortium as the preferred bidder for the N1 and N2 Toll Highway Project. Part of our application is the filing of the City's supplementary founding papers which SANRAL wants to keep secret.

Statement issued by Councillor Brett Herron, Mayoral Committee Member: Transport for Cape Town, City of Cape Town, August 3 2014

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