Court battle looms as metro moves to revive scrapped levy
AfriForum hailed the legal victory around the scrapping of the levy for ratepayers, while the metro says it will challenge the judgment that set aside its controversial R194 monthly cleansing charge.
The Tshwane metro has announced that it will appeal the High Court’s ruling that declared its R194 monthly cleansing levy unlawful and invalid.
MMC for Environment and Agriculture Management Obakeng Ramabodu confirmed the metro’s intentions to appeal the Pretoria High Court’s decision.
On July 31, the court ruled the levy must be scrapped and residents already billed must be credited in the next billing cycle.
“Much has been made of this cleansing levy, and it must be noted that it is not unique to Tshwane,” said Ramabodu.
“It was introduced by the previous administration between 2016 and 2021, who now claim to take exception to it.”
According to Ramabodu, the levy was aimed at improving landfill maintenance and the metro’s cleanliness.
He said the metro remains steadfast in its belief that this levy is a step in the right direction.
Ramabodu added, “It is necessary to ensure a safe and clean metro for all”.
AfriForum, however, celebrated the judgment as a significant legal and civic victory.
Arno Roodt, AfriForum’s district co-ordinator for Greater Pretoria South, said they take note of the metro’s intention to appeal.
“However, they will first need leave to appeal from the same judge who described their case as lacking merit and granted a punitive cost order.”
Roodt warned that if the metro proceeds, taxpayers could once again bear the cost of defending an unlawful policy.
“We are considering action to ensure that officials who pushed for this appeal are held personally liable for any future legal costs,” he said.
Roodt said the case is part of AfriForum’s broader ‘fight and build’ strategy, aimed at resisting public service decline while building independent community structures.
He added that the judgment affirms that municipalities cannot impose levies without legal authority and measurable services.
“The public’s right to resist unlawful tariffs is clear,” said Roodt.
In addition to the ruling, the court granted AfriForum a punitive cost order, directing the metro to pay legal costs on an attorney-and-client scale, including senior counsel fees.
Roodt said the cost order reflects the court’s disapproval of the metro’s conduct.
“If they continue to appeal with public funds, it’s our duty to ensure they’re held accountable.”
The metro maintains that similar levies exist in other municipalities, but Roodt dismissed this as a deflection.
“It’s irrelevant if others are doing the same thing. If it’s illegal in Tshwane, it’s illegal elsewhere too.”
AfriForum said it will actively monitor whether the metro complies with the ruling to credit residents and halt further billing.
“We’re setting up a public platform to assist residents in logging disputes if they continue to be billed. Non-compliance could lead to contempt proceedings,” said Roodt.
He also urged residents to remain vigilant.
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