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KZN Cabinet to fight N2 toll road plan
Published in: Legalbrief Today
Date: Thu 09 December 2010
Category: Litigation
Issue No: 2706




The KZN Cabinet will go to court to block the N2 Wild Coast toll road because the plan is 'not in the interests of the people of KZN', notes a report in The Mercury.

The Cabinet has vowed to 'vehemently' oppose the plan, which has twice been approved by the Environmental Affairs Department amid strong protests. Groups have appealed against the environmental impact assessment (EIA) approval process over the past few months after the toll project was approved by the department for the second time earlier this year. Said Premier Zweli Mkhize 'We are going to write to the Transport Minister to voice our strongest opposition. We are prepared to go to court on this one. We are in full support of the upgrading of the N2 going to the Eastern Cape. Our principle is simple: the toll should be for those receiving the service. This development is not in the interests of the people of KZN.'

According to the report, the Cabinet said its opposition to the proposal was based on the fact that the plan would introduce a major new toll plaza near eManzimtoti, raising the cost of commuting and doing business in the southern part of Durban. Critics have argued that the toll gate would generate the lion's share of funds along the Durban to East London route, effectively subsidising the cost of building bridges across the deep river valleys of the Eastern Cape.

http://www.legalbrief.co.za/article.php?story=20101209084655299
 

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Excellent! They need to sort out the poor governance in the E.Cape instead of trying to deviously get other provinces to finance projects in that region. For SANRAL to go ahead with tolls near Durban would amount to theft from the city as it's not our responsibility to finance their projects in other provinces.
 

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so let me get this straight a toll booth in toti is to pay for the bridges 1000km away in the ciskei? wouldent the toll booth be at each end of the new road?
 

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Annman
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so let me get this straight a toll booth in toti is to pay for the bridges 1000km away in the ciskei? wouldent the toll booth be at each end of the new road?
There would be tolls all the way between Durban and East London. But, what the problem is, is SANRAL is trying to toll an existing freeway (south coast freeway) to fund all the new road works 100's of kilometres to the south in the Transkei area.

In other words, people in Port Shepstone, Kingsburgh, eManzimtoti see no new roads, no benefit, but they're paying! The highest traffic flow on the N2 along this section is just south of Durbs, so they're raking it in at the northern end of the N2 to subsidize the southern portion.

The Eastern Cape is downright pathetic! I'm sorry if I'm offending someone, but it's not a jab at the EC, but at the disgustingly inept EC government. They even had the idea recently to "give" the Garden Route to the Eastern Cape to "help it." Well, that said, the people of George, Plett and Knysna went ballistic, people there calling the councils other side of the Bloukrans River border "pathetic mayhem, we want no part of it." "Giving a successful region to the lowest common denominator will only drag us down to their level."

Shame... now KZN is also being targeted to "help."
 

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Annman
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^^ Did the same here... SANRAL simply unilaterally decided to privatise the N1 and N2 outside of Cape Town. Their "public participation process" was a farce!!! I have insiders in PG-WC who back my claim that SANRAL is not really above board.

The PG-WC also opposed SANRAL's idea... they were steamrolled.

S.A.N.R.A.L = S.A.T.A.N :down:
 

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http://www.fin24.com/Economy/South-Africa/New-N2-highway-fast-tracked-20110116

New N2 highway fast-tracked
Jan 16 2011 10:39 James-Brent Styan Print this article | Email article

Johannesburg - A new road between KwaZulu-Natal and the Eastern Cape would shorten the distance between East London and Durban by up to 85km and could lead to thousands of job opportunities in the two provinces.

Construction of the N2 highway could begin as soon as this year, following government’s decision that the road will no longer be a toll road.

The construction of the road has been on the back burner since 2002, as government wanted to erect additional toll gates in KwaZulu-Natal – specifically between Durban and Amanzimtoti – to fund construction in the Eastern Cape.

This proposal met powerful opposition, particularly from KwaZulu-Natal.

Transport Minister S’bu Ndebele this week told Sake24 that the project had now become a priority. He also confirmed that the road would no longer be a toll road.

When Ndebele was sounded out about where the money to build the new road would come from, he mentioned Treasury.

He said discussions were being held with Treasury – which was acutely aware of the need for such projects.

The new road would be constructed under the banner of the SA National Roads Agency (Sanral) and would be built alongside large parts of the ecologically sensitive Wild Coast.

But Ndebele said that environmental aspects regarding the road’s construction would be fully considered and taken into account.

Sanral spokesperson Priya Pillay said the process had been delayed for that very reason because of objections to the construction lodged with the Department of Environmental Affairs in September 2010.

Ndebele was however not too concerned about further delays caused by environmental issues.

He said the final feasibility studies were currently being finished, after which construction could proceed. He said the road would greatly benefit both provinces.

Large amounts of material such as bitumen would have to be purchased in the provinces and the construction work would itself lead to thousands of jobs.

- Sake24

For business news in Afrikaans, go to www.sake24.com.
 

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Discussion Starter · #10 ·
^^ it is "No longer a toll road", that is MASSIVE news and you would have expected it to be front page news with the headline no more toll, not some sideline piece in a non-descript article...

Here's hoping it is true, but that said,where will the extra funds come from? The press better give this some coverage.
 

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i am actually seeing weekly progress. what an easy and nice drive it would be if the tar between king williams and pe was the same as between king williams and east london, would probably cut travel time in half.

how long is this going to take you think? quite a lot of tar is already finished, just not opened.
 

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Annman
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^^ The section from King Williams to PE is not part of the proposed project. The Wild Coast Toll road was a concessionaire from East London to Durban. Although, all new tollroad projects are on hold until further notice. That includes this project, Knysna Bypass, Winelands N1/N2 freeways and Gauteng Freeway Improvement Project phase 2.

However, I agree with you, the N2 from Coega (north of PE) to King Williams Town is horrible. Can't believe how narrow, windy and poorly maintained it is when it links PE with Grahamstown and East London.
 

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Discussion Starter · #16 ·
Durban businesses go to court to stop Wild Coast toll road
Wednesday Feb 01, 2012


Three big Durban businesses have lodged papers in the North Gauteng High Court to challenge the authorisation process of the new Wild Coast toll road, which will rely heavily on funding from Durban road users.

Toyota South Africa Motors, the Southgate Business Park and the Umbogintwini Industrial Association are asking the court to review the decision by Environment Minister Edna Molewa to allow the SA National Roads Agency Limited (Sanral) to go ahead with the toll road, despite vigorous objections.

They argue in court papers that a social and economic assessment of the impact that tolling would have on people and businesses in the Durban South Basin should and could have been done.

Businesses go on to say that "contrary to various sources of legal and technical advice since 2000", Sanral has "tenaciously refused" to assess the consequences and the knock-on multiplier effect that "burdensome" tolling would have on people and business.

They point out that such an assessment is one of the many processes required to be undertaken under the mandatory environment impact assessment that was carried out before Molewa's decision to allow Sanral to go ahead with the proposed upgrade and construction of the toll road from Prospecton in ethekwini to Gonubie in the Eastern Cape.

"Yet Sanral has insisted that such a determination must be left to its sole discretion, and as the authorisation and minister's decision reveals, Sanral successfully convinced the department to allow this oversight to prevail."

Now the businesses want to know how this could be. "It raises the question why," they say.

This is the crux of a founding affidavit lodged in court in Pretoria by Aldine Armstrong, a specialist environmental attorney representing the businesses.

"Toyota, Southgate and Umbogintwini have committed themselves to seeing this matter through and their serious intent is reflected in the appointment of top senior counsel Marcus Gilbert, SC, who is assisted by another constitutional expert, advocate Max du Plessis," the businesses said.

Sanral proposes to establish seven main toll plazas: three south of Durban along the South Coast, and 11 ramp plazas. The main toll plaza near Isipingo and Prospecton will catch traffic coming to and from Durban and the south.

Toyota, the businesses at Southgate Business Park and Umbogintwini Industrial Association, as well as other big businesses in the area, the ethekwini Municipality and the Durban Chamber of Commerce and Industry have objected to the proposal, based on the economic and social hardships it would mean for business and the effects it would have on employees, contractors and the community.

Businesses said the tolls would pose a burden on employees, who would use these roads to commute to work, most of whom were from low-income communities. Those companies reliant on road haulage would be faced with a financial burden on their operations because of an increase in their overheads.

An economic assessment conducted by Imani Development, on behalf of the applicants, found that the toll would raise costs of transporting imports through the ports.

It was also submitted that the proposed tolls would create a barrier for growth in the area

Toyota, Southgate Park and the Umbogintwini alliance say that since the beginning of the process, Armstrong had brought the errors and flaws of the proposal, along with recommendations, to the attention of Sanral and its consultants, as well as to the attention of the Department of Environmental Affairs and to the minister by way of an internal appeal.

In the first process in 2003 and then in 2005, representations were submitted on behalf of the applicants in respect of the proposed toll. In 2003, the then minister of environmental affairs, Valli Moosa, received 223 appeals.

Eighty percent related to the environmental impact assessment and legal issues, 72 percent raised concerns about public participation and socio-economic issues and 31 percent to tolling issues.

The applicants have consistently explained that the requirement to undertake such assessments is an integral part of an environmental impact assessment, required by law, and the failure of which renders the application fatally flawed.

Court papers have now been served on Molewa, the Department of Environmental Affairs, Sanral and the Minister of Transport.

The respondents have 15 working days to respond from the time they were served with the papers, which was last week.

The historically disadvantaged Amidiba clan of the Amapondo community on the Wild Coast also plans to go to court to fight the plan, but its lawyers have not yet lodged papers because they are still waiting for the minister to reply to questions that they have posed.

The KZN province is also opposed to the plan and a spokesman for the premier, Sibiya Ndabe, said last night that the cabinet had decided last year to engage the national government on the issue.

ethekwini Speaker Logie Naidoo said that while the municipality did not agree with the location of the proposed N2 toll, the municipality had no intention of taking another sphere of government to court over it.

"We do not agree with where the proposed toll will be as it will tax residents for using the road. One of the issues that we are concerned about is that there is no alternative route for motorists to use if they don't want to pay the toll fee. We will continue to engage with all stakeholders in an effort to resolve this issue," Naidoo said.

Daily News
 

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^^ The section from King Williams to PE is not part of the proposed project. The Wild Coast Toll road was a concessionaire from East London to Durban. Although, all new tollroad projects are on hold until further notice. That includes this project, Knysna Bypass, Winelands N1/N2 freeways and Gauteng Freeway Improvement Project phase 2.

However, I agree with you, the N2 from Coega (north of PE) to King Williams Town is horrible. Can't believe how narrow, windy and poorly maintained it is when it links PE with Grahamstown and East London.
ah i see this is the wrong thread. is there a thread for the construction between PE and EL? the new sundays river bridge construction and the extra tar until colchester is actually showing signs of movement although ive never seen people work there, just stationary machinery.

then that horrible part between peddie and king williams town has construction progress as well. any threads for that project?

ive learned to use the r72 instead of the n2 between PE and EL btw, saves quite some time.
 

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Annman
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^^ There is no thread actually, as the N2 in that section is not a consolidated project, but an upgrade of an existing road. You're welcome to post in the general Roads & Rail Development News thread.
 
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