The city says the levy is vital for sustainable waste management, as the city prepares to petition the Supreme Court of Appeal.
The city of Tshwane insists it will still appeal the ruling by the High Court in Pretoria that its new cleansing levy is illegal.
In August, the High Court in Pretoria dismissed the city’s application for leave to appeal the ruling on 31 July that the implementation of the levy was unlawful and should be set aside.
However, residents and the opposition have described it as unacceptable that the city continues to bill residents for a cleaning charge that the court has declared unlawful.
Earlier this week, DA mayoral candidate Cilliers Brink challenged Tshwane mayor Nasiphi Moya and her coalition partners not to appeal the cleansing levy judgment and bring a new funding plan to the municipal council with a set of measures on how to close Tshwane’s budget deficit.
City confirms plan to appeal judgment
Tshwane mayoral spokesperson Sam Mgobozi rejected Brink’s challenge.
“Brink challenged us not to take it on appeal, but we are taking it on appeal,” he said.
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MMC for environment and agriculture management Obakeng Ramabodu said Tshwane would appeal the cleansing levy judgment.
Budget impact and financial context
“The city notes the public statements made by members of the opposition benches regarding the city’s proposed cleansing levy of R194 per month for households using private refuse collection.
“We have also noted attempts to mislead the public about the financial impact of the cleansing levy, with figures quoted in excess of R500 million.
“This is incorrect. The actual income provided for in the 2025- 26 budget is R278 million.”
Ramabodu said when the budget was compiled, no expenses were allocated against this amount.
“The decision by the court to set aside the levy has therefore not materially affected the city’s cash flow.
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“The budget remains fully funded, albeit with a reduced surplus. We believe the judgment was flawed,” he said.
Ramabodu said the city would petition the Supreme Court of Appeal (SCA) to hear its case in the coming days.
‘Necessary intervention’
“We are confident that we have a strong case, given the clear precedent for cleansing levies elsewhere, including in the city of Cape Town, where the same opposition party is in government and has implemented such a levy.
“The hypocrisy of opposing it in Tshwane is therefore manifestly irrational,” he said.
“We remain steadfast in our belief that the cleansing levy is a sound and necessary intervention. It is a targeted mechanism to ensure the long-term financial sustainability of Tshwane’s waste management services and to keep the city clean and healthy for all.”
Ramabodu said such services include the cleaning of streets, pavements and public spaces.
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