AfriForum’s challenge to declare the 65.6% increase in the Johannesburg Metropolitan Municipality’s controversial water demand management levy unlawful continues.
This follows the dismissal of the civil rights organisation’s urgent application in the Gauteng High Court, Johannesburg, on Tuesday.
The court found that Johannesburg residents would not suffer irreparable harm if AfriForum’s request was dismissed.
The practical consequence of this is that the metro’s new budget will come into effect on July 1, which includes a 65.6% increase in the water demand management levy. This means that Johannesburg residents who previously paid a fixed monthly rate of R65.08 per month will now have to pay R107.74 per month, regardless of how much water they use.
According to AfriForum, the levy is contrary to the metro’s own tariff policy and by-laws, as well as the Department of Water and Sanitation’s Revised Norms and Standards relating to Tariffs for Water Services.
No decision has been made on the legality of the levy, which will now likely only be determined when the case is heard in the ordinary course, which is expected to take place in November.
AfriForum has instructed its legal team to request special leave from Lebogang Modiba, the Acting Deputy Judge President of the Johannesburg High Court, to be heard at an earlier date.
Since the court did not dispose of the application on the requested urgent basis, the core issues raised by AfriForum remain unresolved.
“We respect the court’s decision but fundamentally disagree with the outcome. The reality remains that the metro is potentially imposing an unlawful levy on its residents, through which it will have collected an estimated R750 million in revenue by the time the court can consider the merits of the application,” Marais de Vaal, AfriForum’s advisor for Environmental Affairs, said.
He maintained that there is still no transparency about the enormous increase in the levy. According to De Vaal, the metro has still not been able to provide a rational explanation as to how the 65.6% increase was calculated or why it is necessary. Answers to these questions will only emerge when the merits of the case are heard.
“Although we have not succeeded in obtaining urgent relief, this matter is far from over… Johannesburg residents deserve clear answers as to why this levy was imposed and whether it complies with the law,” De Vaal said.
The City of Johannesburg and Johannesburg Water, meanwhile, welcomed the fact that the court ruled the matter not to be urgent.
The city maintained that the water demand management charge was a lawful and necessary measure to promote sustainable water management and to support ongoing investment in water infrastructure upgrades.
It said the implementation of the water demand management charge is aimed at encouraging efficient water use, ensuring financial sustainability, and supporting infrastructure development to meet the growing needs of the communities.
zelda.venter@inl.co.za
