The South African National Roads Agency Limited (SANRAL) has engaged with the City of Cape Town over a period of 9 years on this project. During the intent to toll process the City of Cape Town was given an opportunity to participate prior to the final decision being made by the Minister of Transport to declare the road a toll road. If the City of Cape Town was dissatisfied with this decision it could have taken steps to review the Minister’s decision. This was not done.

Similarly, the City of Cape Town was extensively engaged in the environmental impact assessment process which was finalised in 2008. If the City of Cape was dissatisfied with the decision to authorise the project it was entitled to appeal the decision in accordance with the legislative process. This was not done, SANRAL says.

In addition no objections to the project were raised during meetings with the honourable MEC of Road, Transport and Public Works where the City of Cape Town was represented by both councillors and officials in April 2010 and with the honourable Mayor of Cape Town in March 2011.

"SANRAL has found the action of the City of Cape Town at this very late stage of the process to be disappointing, in light of the fact they have had full access to the various legislative processes which they failed to utilise. Thus SANRAL contends that there is no dispute between the City and itself and that it remains open for further engagement with the City of Cape Town," it says.