CONCESSIONAIRES

What is a concession?

Concessions occur when private entities build and manage public roads for twenty to thirty years. Toll payments from road users are used to pay the private entity for this service.

South Africa has three routes operated by concessionaires. 

These routes are managed by:

• N3 Toll Concessions – N3 between Gauteng and KZN

• Trans Africa Concessionaires - N4 between Pretoria and Maputo in Mozambique 

• Bakwena Toll Concessionaires – N4 Platinum Highway  

OUTA has written to SANRAL for information relating to the contract between SANRAL and N3TC.  

SANRAL has ignored OUTA’s requests, the lack of transparency is suspicious.  

OUTA has therefore lodged a PAIA review application, in order to access this information.

SANRAL has received a fixed amount from the tolls collected each year, whilst toll tariffs have increased by approx. 80% in the last ten years. Why does the toll tariff increase, when the overheads of the concessionaire decrease? This indicates that the concessionaires could be benefitting from excessive profits.  

OUTA was informed that SANRAL wishes to oppose the court application that was to be heard on 5 May 2021. This opposition came after all relevant court time periods have expired. Accordingly, and on the day of the hearing, the court ordered that SANRAL has to pay OUTA’s wasted costs on a party and party scale. The court further ordered SANRAL to deliver their answering affidavit(s), together with a condonation application for the late filing of their opposition within 15 days (by 26 May 2021).

OUTA’s attorneys confirm no response received from SANRAL or their attorneys. OUTA complied with all directives for the matter to be finally enrolled for 5 May 2021.

SANRAL alleges they never received OUTA’s application. OUTA’s attorneys confirm that the application was served by the sheriff on 20 August 2020 and gives SANRAL until 20 April 2021 to reconsider and/or file any opposition.

OUTA files Rule 28 amendment – to amend its notice of motion. No opposition received from SANRAL.

OUTA files supplementary affidavit.

OUTA allocated date of 5 May 2021 as new unopposed date for application.

OUTA files its formal court application and sets matter on the roll for 7 September 2020. Matter was subsequently removed from the roll.

OUTA, through its attorneys, as a last resort approaches SANRAL to provide us with the information. OUTA indulges SANRAL to respond by 19 June 2020. No response.

Country enters hard lock down. Courts in disarray.

SANRAL remains mute. OUTA informs SANRAL that if no information is received by 17 January 2020, we will approach the court.

SANRAL is still silent. OUTA, through its attorneys, lodges an internal appeal against SANRAL’s refusal (deemed to have been refused due to no answer). Although this process is not applicable to SANRAL as later advised by our attorneys, OUTA nevertheless filed this internal appeal in good faith.

Still no answer from SANRAL. OUTA sends another follow up email.

OUTA sends SANRAL a courtesy email as no response had been received. OUTA also gave SANRAL until 20 September 2019 to respond.

OUTA submits its request for access to information (PAIA) to SANRAL.

OUTA’s application is served on SANRAL. The road agency has until 18 March 2021 to oppose OUTA’s application for the disclosure of the records in question.
The matter has been placed on the court roll for 2 November 2021.

OUTA’s court application is issued in the High Court, Gauteng Division (Pretoria). OUTA’s application against SANRAL aims to set aside their refusal to grant OUTA access to the records requested and compel SANRAL to disclose it.

OUTA lodges its internal appeal, addressing (amongst others) SANRAL’s failure to properly institute the relevant third party proceedings as contemplated in PAIA. SANRAL also failed to properly set out its grounds for refusal.

To date, SANRAL has failed disclose the records so requested by OUTA and has failed to address OUTA’s internal appeal.

OUTA submits a request for access to information in terms of PAIA to SANRAL. OUTA requests records relating to the concession agreement between SANRAL and Bakwena. 

SANRAL failed to provide OUTA with an adequate response, save for a letter forwarded to OUTA, dated 2016 (which relates to a request OUTA made in 2016). 

OUTA’s application is served on SANRAL. The road agency has until 18 March 2021 to oppose OUTA’s application for the disclosure of the records in question.

The matter has been placed on the court roll for 1 November 2021.

OUTA’s court application is issued in the High Court, Gauteng Division (Pretoria). OUTA’s application against SANRAL aims to set aside their refusal to grant OUTA access to the records requested and compel SANRAL to disclose it.

OUTA lodges its internal appeal addressing (amongst others) SANRAL’s failure to properly institute the relevant third party proceedings as contemplated in PAIA. SANRAL also failed to properly set out its grounds for refusal.

To date, SANRAL has failed to disclose the records requested by OUTA and has failed to address OUTA’s internal appeal, refusing the request by default.

OUTA submits a request for access to information in terms of PAIA to SANRAL in which OUTA requested records relating to the concession agreement between SANRAL and TRAC.

SANRAL failed to provide OUTA with a response.