n their heads of arguments the applicants argue that based on their calculations, the overall revenues to be garnered from the public over a period of 20 years will be R102.7548bn.
Sanral’s version in the supplementary answering affidavit indicates that the revenue will be R71.39574bn.
“We submit that the taking of such an amount of revenue from Gauteng’s road users will be grossly disproportionate – indeed extortionate – in view of the fact that capital and maintenance costs over 24 years will be approximately R30bn,” the applicants state in their heads of argument.
In the document the applicants argue that Sanral’s account of what the cost of tolling would be has constantly changed and is thus “inherently unreliable”.
They state that the first version was that the cost of collection of the toll as determined by the applicants from the Gauteng Freeway Improvement Project (GFIP) Steering Committee Report of R20.562bn was correct but based on 60% non-compliance.
“Sanral’s second version appeared in the Constitutional Court proceedings and was to the effect that the scheme would yield a revenue over 24 years of R89.721bn and that the cost of collection would be R18bn with an average of 8.9% non-compliance over 20 years.
Sanral’s third version involved a drop in interest on account of an alleged R17.2bn mistake in the calculation of interest,” the applicants state.
The fourth version then brought the revenue over 20 years down to R71.39bn.
“We respectfully submit that the arbitrary change in figures and the presentation of later versions which contradict earlier versions reveal that Sanral cannot be relied upon to give the true cost,” the applicants state.
The refusal by Sanral to reveal the contents of the ETC contract (the company that won the tender to collect the tolls) is also highlighted by the applicants.
“In short, Sanral have made it impossible for the applicants, the Honourable Court, or the public to calculate the true cost of tolling that will be borne by the public and by corollary the true amount of revenues that will be garnered by Sanral in the scheme,” the applicants state.
In court yesterday advocate Mike Maritz SC, for the applicants, argued that the revenues that will be garnered will be based, in the opinion of the applicants, on an unlawful declaration of the roads as toll roads.
“Sanral will exact payment from the public of R71bn based on unlawful administrative action,” he said.
The court will reconvene this morning at 9.30am.