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South African National Roads Agency Limited v City of Cape Town (66/2016) [2016] ZASCA 122

South African National Roads Agency Limited v City of Cape Town (66/2016) [2016] ZASCA 122

23rd September 2016

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The South African National Roads Agency Limited and National Roads Act 7 of 1998 : Declaration of national road as toll road in terms of s 27 of the Act : Application to review and set aside a) an application by South African National Roads Agency Limited (SANRAL) to Minister of Transport (Minister) for approval of declaration of toll road; and b) decision by the Minister to approve declaration as toll road : delay in bringing review : delay unreasonable but interests of justice nevertheless requiring that condonation be granted : SANRAL’s board had not in fact taken decision to seek Minister’s approval : later attempt to rectify omission invalid : Minister misconstruing function in approving declaration : approval set aside : cross-appeal : claim for interdict in relation to possible future contract : application premature.

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