City of Cape Town v South African National Roads Agency Ltd (6165/2012) [2015] ZAWCHC 135 (30 September 2015) per Binns-Ward and Boqwana JJ.
The High Court partially granted the application and reviewed and set aside Sanral’s purported decision made in terms of s 27(1)(a)(i) of the Sanral Act to declare certain sections of roads as toll roads. The High Court remitted the proposals to declare the sections of the roads as toll roads for further consideration in accordance with the findings in the judgment. The High Court directed that if it was decided to proceed with the Project, the process provided in terms of s 27(4) of the Sanral Act must start afresh and in proper compliance with the prescripts of the provision and the requirements of just administrative action.