By Thapelo Molefe
The Gauteng High Court, Johannesburg, has struck AfriForum’s urgent application challenging the City of Johannesburg’s increased water demand management levy off the roll, leaving the charge to take effect on 1 July while the merits of the legal challenge remain unresolved.
AfriForum approached the court on an urgent basis seeking to review and set aside the city’s decision to increase the levy by 65.6%, arguing that the charge was unlawful and that the municipality had failed to comply with its legal obligations during the budget process.
The organisation said that residents would be unfairly affected if the increased levy was implemented before its legality was tested in court.
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AfriForum’s Advisor for Environmental Affairs, Marais de Vaal, said before the hearing that the organisation had repeatedly sought information and engagement from the city regarding the levy but had received no meaningful response.
“We are hopeful that the court will grant the desired relief and reaffirm the principles of transparency, accountability and lawful decision-making. Residents cannot simply be expected to accept a substantial new levy without the Metro explaining how it was calculated or why it is justified,” De Vaal said.
However, during proceedings on Tuesday, the City of Johannesburg and Johannesburg Water argued that the matter was not urgent because AfriForum had known since the municipal budget was adopted on 27 May that the levy would come into effect on 1 July.
According to EWN, Advocate Nathi Sithole, who represented the city, told the court that the dispute was about a budgetary measure and not access to water services.
The city further argued that the water levy was not a new charge, but had formed part of Johannesburg’s water tariff structure for several years.
Delivering judgment, Judge Cassim Moosa found that AfriForum had failed to demonstrate that the matter was urgent or that residents would suffer irreparable harm if the levy was implemented while the legal challenge continued.
As a result, the court struck the urgent application off the roll, leaving the city’s approved budget and tariff structure in place for now.
The ruling does not determine whether the levy increase is lawful, and AfriForum may still pursue its challenge in the ordinary course.
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The water demand management levy is a fixed monthly charge imposed on conventional and prepaid water connections regardless of water consumption. From 1 July, the charge will increase from R65.08 to R107.74, excluding VAT, or about R124 including VAT.
In a statement following the ruling, the City of Johannesburg and Johannesburg Water welcomed the judgment, saying it left the city’s approved budget and tariff structure in place.
“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 our communities,” the city said.
The municipality also said it remained committed to providing reliable and sustainable water services while operating within the law.
De Vaal expressed disappointment with the outcome, saying residents may now have to wait several months before the legality of the levy increase is fully tested in court.
“We’re not going to be able to be back in court before the end of the year, or towards the end of the year. So, it seems, at least a couple of months is going to pass before we know why this levy is what it is, this increase, and by that time, it might be too late to make another determination,” he said.
