By Lehlohonolo Lehana.
The South African National Roads Agency (Sanral) has been ordered by the High Court in Pretoria to file its heads of argument within three days to an application by the Organisation Undoing Tax Abuse (Outa) for access to the N3TC toll concession contracts and all financial records on the 30-year concession.
N3TC operates the toll concession on the N3 from Pretoria to Durban.
Outa wants to see the records to determine how much profit N3TC makes from the contract. The group made a formal request through the Promotion of Access to Information Act in July 2019.
Judge Nomsa Khumalo issued the order on Wednesday. It follows Outa in June 2022 applying to the court to compel Sanral to file its heads of argument to Outa’s main application for access to documents related to the N3TC toll concession contract.
The toll tariff (from 1 March 2022) currently ranges from R13.50 to R296, said Outa.
“The total trip from Johannesburg to Durban on the main line costs R286.50 for cars and R1,050 for heavy trucks,” added the organisation.
Outa believes that public-private partnerships have their place and can offer immense value in the state’s infrastructure development and maintenance. However, the value of returns for private companies should be transparent and publicly available.
The civil organisation suspects that people are making extensive profits through long-distance tolls. The N3TC route starts in Hilton KwaZulu-Natal and ends at Heidelberg South interchange in Gauteng.
The N3TC Concession – De Hoek Plaza, Wilge Plaza, Tugela Plaza, Mooi River Plaza and associated ramp plazas – is a 30-year concession with the private sector.
According to Outa, the Pretoria High Court has ruled in favour of the organisation, compelling Sanral to file its head of argument in response to Outa’s request for access to the N3TC toll concession contracts and all financial records for the concession.
If Sanral fails to comply, Outa said it would consider legal options.
“Transparency is very important in a democratic society. In terms of our Constitution, everyone has the right of access to information held by the state,” said Stefanie Fick, Outa’s executive director.
“Although this is not an absolute right, civil society has a right to know what Sanral is doing with South Africa’ toll revenue. Unfortunately, South Africa has too often seen the result of government and its entities operating behind closed doors,” Fick said.
Sanral GM of Communications and Marketing Vusi Mona said in response to a request for comment on the high court order that “the parties are in the process of exchanging heads of argument and will do so timeously to progress the matter”.
Mona added that information required by Outa is confidential information, which belongs to N3TC.
“N3TC was curiously not joined to the proceedings by Outa, which contributed to the delay. Having since been joined to the proceedings, N3TC has recorded its position as regards the information required by Outa.
“They will fully ventilate this position in court proceedings,” said Mona.