Proposed Wild Coast toll road hits a legal snag

permission to build a toll road along the wild coast has been withdrawn.

explaining his decision, environment and tourism minister marthinus van schalkwyk said on thursday links between the would-be developers and the consultant they appointed to carry out a mandatory environmental impact assessment (eia) were "inappropriately close", which meant the assessment process was "fatally flawed".

van schalkwyk said environmental consultants bohlweki environmental (pty) ltd and the developers who appointed them, wild coast consortium (wcc), have "extensive" links, including common shareholding, directorships and management.

the wcc was authorised by the sa national roads agency limited (sanral) to investigate the technical, financial and environmental feasibility of the toll road project.

the eia regulations provide that if the consultant is not independent, the application is "regarded to have been withdrawn".

"consequently, the minister has no legal option but to uphold the appeals and to set aside the decision of december 3, 2003 to grant sanral authorisation to proceed with the construction of the n2 wild coast toll road," the statement said.

the proposed toll road extended over a total distance of 550 km, from south of durban to gonubie near east london.

about 80% of its construction involved upgrading the existing road, but plans for new sections through a pristine area of the eastern cape's wild coast had environmentalists up in arms.

van schalkwyk noted in his statement that his decision does not preclude a new application being submitted.

environmental activists have lauded van schalkwyk's decision. "i am absolutely over the moon, it is fantastic!" said cathy kay, formerly of the wildlife society of southern africa.

she was one of the driving forces behind the save the wildcoast campaign, a group that "fought relentlessly" to put a halt to the construction of the n2 under the current eia. "there was no independence in the eia, that is what he has highlighted."

she said van schalkwyk is a "brave man" to have made the decision. "he made it in the face of incredible adversity it was a hell of a decision, all accolades to him that he had the courage to do it."

van schalkwyk's statement that new applications will not be precluded does not detract from the decision, kay said, adding that applicants will now have to consider all the concerns raised. "this time, more people will come on board to make a decision," she said.

bishop geoff davies, the former anglican bishop of the diocese of umzimvubu, which includes pondoland, and now chairman of the church environment network, congratulated van schalkwyk for his "courageous" decision.

"i now call on sanral to fulfil its claim of bringing development to the people by building roads that serve the communities. for pondoland that means upgrading the r61 through flagstaff and bizana. their proposed toll road was a money-making venture but they can't let the side down now."

davies said he has written to the ministers of finance and transport, pleading that the fuel levy be used for road development. "the user would then pay, and sanral would have the resources to build the right roads," he explained.

the democratic alliance commended van schalkwyk for his decision.

"the da has long argued that the n2 toll road would not be an anchor project for sustainable development," said da environment spokesman gareth morgan.

it is hoped the minister would now pursue ecotourism projects for the region, and genuinely consider declaring a protected area in pondoland.