Court rules in favour of Sanral

Issued by SANRAL
Pretoria, May 2, 2019

The South African National Roads Agency (Sanral) welcomes the ruling by the North Gauteng High Court, which rejected an appeal against a decision by the agency to proceed with the construction of the N2 Wild Coast Road, giving Sanral the go-ahead.

In an earlier judgement, Judge Cynthia Pretorius found in favour of Sanral and confirmed the validity of the public participation processes undertaken by Sanral during the environmental impact assessment.

"We are happy the court recognised that the public participation process exceeded the legal requirements. It also recognised that the decision to choose and approve the final route was thorough and transparent," said Vusi Mona, Sanral's spokesperson.

The process enabled the public to engage with the environmental assessment through a range of platforms, including public meetings, imbizos and social media. In her initial verdict, Pretorius described this as "one of the most comprehensive participation processes undertaken in this country".

Mona said Sanral respects people's views and had widely consulted with communities and other stakeholders about the project, adding that the agency would continue to do so during the design and implementation phases of the work.

"We recognise that there are a minority of people who are opposed to the project, mostly because of unconfirmed reports about an unconnected mining project. However, there is overwhelming support for the benefits that the N2 Wild Coast Road will bring to communities and local businesses."

According to a survey conducted by the Human Sciences Research Council in 2015, more than 98% of residents interviewed supported the building of a new road between Lusikisiki and Port Edward. This included the majority of people in the Mdatya and Sigidi communities, who refused to give a mandate to external lawyers to represent them in the High Court case.

The Amadiba Traditional Council and the Baleni, Sigidi and Mdatya communities all withdrew formally from the case, which was decided on by Pretorius.

"It is important to note that none of the local protests that have recently been experienced were aimed at opposing the N2 Wild Coast Road project," said Mona. "There are issues concerning the composition of the project liaison committees, employment, sub-contracting and local suppliers that are currently being resolved with stakeholders."

The High Court judgement confirmed that the approved route was the best available alternative based on a combination of social, environmental and economic factors. In line with international best practice, all the identified potential impacts are avoided, minimised or mitigated.

Sanral is working closely with environmental agencies in the Eastern Cape to protect sensitive environmental areas. The potential social ramifications of the road are being minimised through the construction of pedestrian and vehicle bridges and underpasses that will improve access and mobility for local communities.

Affected individuals and communities are being compensated for the loss of any land, and all structures within the road reserve are being relocated and rebuilt in line with the approval of owners.

The N2 Wild Coast Road forms part of government's Strategic Infrastructure Project known as SIP 3, which is designed to accelerate economic growth in the Eastern Cape and KwaZulu-Natal provinces.

The much shorter N2 route will shorten travel time, reduce carbon emissions and improve road safety on one of the country's most important national highways.

The new route will also provide improved access to the under-developed Pondoland region and boost economic opportunities in the fields of agriculture, tourism and the hospitality industry.