AfriForum turned to the Gauteng High Court, Johannesburg, on Tuesday in an urgent bid to review and set aside the Johannesburg Metropolitan Municipality’s controversial increase of 65.6% in the water demand management levy.
The organisation approached the court on an urgent basis because the metro’s new budget, including this huge increase, is due to come into effect on July 1.
According to AfriForum, residents will be materially disadvantaged, and preventable practical problems will be created if the increased levy comes into effect before its legality has been tested.
“Litigation was never AfriForum’s first choice. We have repeatedly requested information and meaningful engagement from the metro to address our concerns. However, the metro has refused to engage with us in any meaningful way, leaving us with no other alternative than to approach the courts,” Marais de Vaal, AfriForum’s advisor for Environmental Affairs, said.
AfriForum is requesting the court to set aside the new levy because it is unlawful, and the metro failed to comply with its legal obligations during the budget process.
In opposing the application, the metro argued that the matter is not urgent and that the levy is lawful and justified.
Earlier this month, AfriForum requested the metro to provide information to justify the proposed increase in the water demand management levy for domestic users from R65.08 to R107.74 per month.
However, instead of explaining, the metro insisted that AfriForum submit a formal application for information in terms of the Promotion of Access to Information Act (PAIA).
AfriForum argued that forcing residents to follow the lengthy PAIA process to obtain the requested information defeats the purpose of public participation entirely, because this process will only be completed after the approval and implementation of the tariffs, when the new municipal financial year begins on July 1.
Despite AfriForum’s repeated requests for information explaining how a 65.6% increase in Johannesburg’s water demand management levy was calculated, the metro adopted the increase as part of its 2026/27 budget last month.
According to the organisation, the public participation process was thus reduced to a mere formality because residents were expected to comment on the increase without any available information to assess its rationality.
AfriForum maintains that the metro’s approval of the increase demonstrates a complete disregard for meaningful public participation and transparent governance. This, despite its persistent failure to provide any methodology, supporting data, cost analysis, clarification, or rationale for the increase.
De Vaal said in court papers that if the metro is allowed to implement the levy and charge it to its ratepayers every month, it will constitute an ongoing violation of their rights.
He said the water levy will push many residents over the edge of their financial capabilities, while regular water interruptions are still ongoing. “The city punishes everyone equally, offering no relief for the poor.”
The city, in opposing the application, submitted that the municipality followed the letter and spirit of the law and that the resolutions are valid and lawful.
It said that before the budget was adopted, several public meetings were held, and several members of the public made submissions to the budget. It also maintained that AfriForum should have launched a formal application in terms of PAIA for the information it is asking for.
According to the city, AfriForum’s application presents extremely complex issues relating to a party seeking to challenge the budget after it was passed on the basis that it refused to accept the procedure of discovery of further access to information.
AfriForum’s relief sought is misplaced, and it is practically disruptive, incapable of sensible implementation, and constitutionally disproportionate, it argued in court papers, in asking that the application be struck from the roll.
The court is, meanwhile, due to first hear arguments later on Tuesday afternoon, as to whether the matter is urgent.
If it rules in favour of AfriForum on urgency, the merits of the application will be argued before the court on Thursday.
zelda.venter@inl.co.za
