The Gauteng High Court in Pretoria’s dismissal of the City of Tshwane’s bid to appeal against a ruling that scrapped the R194 monthly cleansing levy for properties using private waste collectors has been hailed as a decisive victory for the residents.

The application for leave to appeal was lodged following the court’s ruling in favour of AfriForum on July 31, which overturned the cleansing levy.

Residents and businesses have been up in arms over the levy, claiming it is a case of double taxation and unfairly targets those who opt for private waste collection services.

Tshwane has one month within which to appeal the judgment, according to municipal spokesperson Selby Bokaba.

Bokaba stated that the municipality will consult with senior legal counsel to understand the implications of the court’s decision and determine the next steps.

On the other hand, AfriForum welcomed the ruling as a resounding victory for the community. 

Arno Roodt, AfriForum’s district coordinator for Greater Pretoria South, said: “Our residents are not a cash cow that can be milked without right or 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. In any case, AfriForum will stand ready to hold them accountable.”

The civil rights organisation noted that the municipality filed its appeal application just three days before the deadline, only to be swiftly rejected by Acting Judge George Avvakoumides, who described the application as “mischievous” and “without merit”, adding that it “avoided the principle of legality”.

AfriForum said the city’s legal team argued during the court proceedings that the organisation lacked the necessary locus standi to bring the case on behalf of Pretoria residents. 

According to the court, the city’s application for leave to appeal failed to demonstrate a reasonable prospect of success on appeal, as required by Section 17(1) of the Superior Courts Act. 

The court also criticised the city’s true motive behind the levy, stating that it was an attempt to unlawfully boost its revenue by around R540 million annually.

The court found that the city could not provide sufficient grounds for why the appeal should be heard.

Deidré Steffens, advisor for local government affairs at AfriForum, said: “AfriForum 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.” 

rapula.moatshe@inl.co.za

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