OUTA concerned about allegations of SANRAL fraud on N2 Wild Coast toll road
In response to reports that SANRAL has submitted evidently false depositions to the North Gauteng High Court in its dispute with Wild Coast rural residents over the N2 Wild Coast Highway, OUTA's Chairperson Wayne Duvenage has issued the following statement.
Having studied copies of the various affidavits in the court record, it would appear that SANRAL has fabricated evidence to back up its assertion that the Amadiba coastal community were supportive of the N2 Wild Coast toll road scheme. This can only be seen in a serious light and poses questions about the integrity of the organisation and the people who have conducted themselves in the name of the organisation. Had the Opposition to Urban Tolling Alliance (OUTA) found such evidence in the course of its battle with SANRAL over the lawfulness of the e-tolling scheme, we would have immediately gone to the Constitutional Court and it could have been tickets for e-tolls.
Adding to OUTA’s concern is that SANRAL CEO, Nazir Alli’s claims that attorney Cormac Cullinan has lacked a mandate from the local residents, which is seen as an attempt to deprive a vulnerable, disadvantaged rural community of legal representation and the promise of justice.
OUTA was made aware of this matter a few weeks ago and in our recent letter to Deputy President Ramaphosa, we have urged him to appoint a team of impartial experts to conduct a social audit of SANRAL, to evaluate its performance in terms the basic values and principles as stated in Chapter 12, Section 195 of the Constitution, from the perspective of its stakeholders. We have seen a number of obvious transgressions by SANRAL over the years, which warrants this social audit and a thorough investigation into the behaviour and dealings of this organisation.
Because of this latest scandal we have proposed that the scope of the Social Audit should also include SANRAL’s engagement with stakeholders in the Eastern Cape as well as with stakeholders in the Western Cape, who currently arguing in the Supreme Court of Appeal for access to court documents relating to the hotly disputed N1/N2 Cape Winelands tolling concession.
On Saturday we celebrate Human Rights Day. We hope and trust that the senior executive team and the Board of SANRAL, will spend this day in deep reflection on how they might shed what appears to be a fast declining image of the organisations, and to set their sights on recommitting SANRAL to the basic constitutional values and principles of sound public administration.
Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)
Chapter 10 - Public Administration
195. Basic values and principles governing public administration
1) Public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
A high standard of professional ethics must be promoted and maintained.
Efficient, economic and effective use of resources must be promoted.
Public administration must be development-oriented.
Services must be provided impartially, fairly, equitably and without bias.
People's needs must be responded to, and the public must be encouraged to participate in policy-making.
Public administration must be accountable.
Transparency must be fostered by providing the public with timely, accessible and accurate information.
Good human-resource management and career-development practices, to maximise human potential, must be cultivated.
Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
2) The above principles apply to:
administration in every sphere of government;
organs of state; and