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Judgement reserved regarding Sanral’s “secret” etoll documents

The Cape High Court has reserved judgement on Tuesday night pertaining to various parties requesting that Sanral‘s “secret” documents detailing various aspects of the proposed tolling in Western Cape should be made public.

The documents pertain to Sanral’s proposed plans on setting up a toll route on the N1 and N2  – which it has been trying to keep secret and out of the public eye.

“All of the parties are now to make written submissions to the judge in the matter of whether the city may file its supplementary founding papers in an open court,” Cape Town transport mayoral committee member Brett Herron said in a statement.

Media freedom advocates Right2Know (R2K) on Monday picketed outside the Cape High Court while awaiting the court’s ruling on whether Sanral’s documents should be made public.

“The Right2Know Campaign is one of the organisations challenging SANRAL’s attempt to hide information about its proposal to put e-tolls on the N1 and N2. This relates to a legal dispute between SANRAL and the City of Cape Town over the proposed e-tolls. Key information about SANRAL’s plans has been declared ‘confidential’ and the court papers are sealed by court order,” R2K explained in a statement.

It’s because of this confidentiality clause that R2K petitioned the Cape High Court to make the documents publicly available. Naturally Sanral has opposed this from happening.

“E-tolling will have serious implications for all residents of the Western Cape, especially the poorest of the poor. This matter can’t be dealt with in secret,” R2K explained.

Right2Know, Section 16 and the Open Democracy Advice Centre applied to the court to be admitted to the proceedings as friends of the court, and to state why Sanral’s documents shouldn’t be kept a secret.

Earlier during the proceedings R2K’s lawyers were asked to leave the court.

The court case comes only days after Chairperson Tembakazi Mnyaka resigned with immediate effect late last week. Vocal opponents of Sanral, the Opposition to Urban Tolling Alliance (Outa), said that the resignation was no surprise.

“One imagines it’s extremely hot in the Sanral kitchen with all the issues that are coming to the fore, not least of all the e-tolls debacle,” quipped chairman Wayne Duvenage.

[Image – CC by 2.0/Axel Bührmann]

Axl BümAxel Bührmannann

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