Court dismisses Tshwane metro’s appeal bid on city cleansing levy

The High Court in Pretoria dismissed the Tshwane metro’s application for leave to appeal in the case regarding the city cleansing levy on August 25.

This ruling is the second setback for the metro, after the court ruled on July 31 that the implementation of this levy was unlawful and should be set aside.

According to Tshwane metro’s head of communication Selby Bokaba, the metro will seek legal advice on the Gauteng High Court’s ruling regarding the city’s cleansing levy.

He said the metro has noted Monday’s ruling by the Gauteng North Division of the High Court on the metro’s application for leave to appeal a judgment on the city’s cleansing levy for customers using private waste collectors.

“On August 1, the Gauteng North Division of the High Court ruled in favour of AfriForum, which took the city to court challenging the city’s R194 per month levy on properties that are using private waste collectors,” said Bokaba.

Bokaba said that after studying the judgment, the metro made an application for leave to appeal, which was dismissed in Monday’s ruling.

He said the metro will seek the advice of senior legal counsel on the implications of the judgment and to determine the way forward.

“Tshwane has one month within which to appeal today’s judgment.”

Reacting to the outcome, Arno Roodt, district co-ordinator for Greater Pretoria South at AfriForum, said the metro filed their application for leave to appeal only three days before the cut-off date.

He said, however, they were quickly turned away again by acting judge George Avvakoumides, who dismissed their application as ‘mischievous’, ‘without merit’ and that it ‘avoided the principle of legality’.

Roodt stated that a second punitive costs order was imposed against the metro, which must again cover AfriForum’s legal costs.

He continued, saying that the metro’s legal team argued, among other things, that AfriForum, as a civil rights organisation, did not have the necessary right to bring an application on behalf of Pretoria residents.

Roodt said the court dismissed the argument and found in favour of taxpayers by arguing that the metro’s application did not comply with the Superior Courts Act.

He stated that, according to this legislation, an application for leave to appeal must prove that there will be a reasonable chance of success in an appeal.

Roodt added that the court further stated that the metro could not give sufficient reasons as to why the appeal should be heard at all.

“The court further lashed out at the metro, saying that this application exposed its true intention with the levy – to unlawfully increase its income by approximately R540-million per year.”

According to Roodt, this ruling is a decisive victory for the community, saying that residents are not a cash cow that can be milked without any reason.

“The metro now has one of two choices. Either they accept the ruling and start planning their budget according to legislation, or they can further put the metro’s finances under pressure by going to the Supreme Court of Appeal.”

Roodt stated that in any case, AfriForum will stand ready to hold them accountable.

He said if the metro needs a legal opinion to know what to do next, he will give it to them for free.

“Abide by the court order, stop wasting taxpayers’ money on a meritless case, and pay back the money that you illegally levied.”

Roodt added that the metro ought to know this well enough.

“However, politicians and bureaucrats in the metro would rather save face and score political points than do what is good and right.

“But they should know that AfriForum will keep a hawk’s eye on them to ensure that they act lawfully. One misstep and we will be there to keep them accountable.”

He stated that AfriForum will continue to ensure that residents’ interests are protected and that taxpayers are not further disadvantaged by unlawful levies and legal actions.

Deidré Steffens, advisor for local government affairs at AfriForum, said the civil rights organisation is, of course, very pleased with this positive ruling that further thwarts the metro’s money-making plans.

“State organs such as municipalities cannot simply impose tariffs to fill their pockets at the expense of taxpayers,” she said.

Do you have more information about the story?

Please send us an email to bennittb@rekord.co.za or phone us on 083 625 4114.

For free breaking and community news, visit Rekord’s websites: Rekord East

For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.