Judgment reserved in AfriForum's fight against Tshwane's cleansing levy
Image: Helenus Kruger / City of Tshwane
Judgment has been reserved in AfriForum's legal battle against the Tshwane Metropolitan Municipality regarding the implementation of the metro's controversial city cleansing levy.
The case was last week heard in the Gauteng High Court, Pretoria after the organisation approached the court to overturn the metro's decision to impose this new mandatory monthly levy of R194.37 (excluding VAT) on nearly 260 000 households and businesses in the metro.
The civil rights organisation maintains that the levy amounts to unfair double taxation, particularly in cases where residents do not benefit from the metro's refuse removal services and are forced to make use of private service providers.
The civil rights organisation denounced the metro's actions after it came to light that the levy was already added to residents' latest municipal bills, despite civil society's strong opposition to it and AfriForum's pending court case.
Meanwhile, the metro has defended the implementation of the levy and argued that it has its origins in the metro's 2016 tariff policy. AfriForum said this policy was, however, not filed with the metro's court documents. This in spite of the metro deeming it a 'critical document' for the case.
During the court proceedings, AfriForum also questioned the metro's argument that it has the necessary equipment and personnel to provide adequate refuse removal throughout Tshwane. According to AfriForum, this claim stands in direct contradiction to residents' day-to-day experiences in this regard.
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The metro's argument regarding its ability to deliver the service also contradicts an official report that the Tshwane Metro released just last week and was approved by the council, AfriForum said.
According to the report, it was estimated that in the previous five years, the metro's landfill sites had suffered a total loss of R148 million in income. The report makes several recommendations to address the problems, including the repair of weighbridges and the improvement of security at landfill sites.
'These interventions are not only overdue but also highlight the chronic mismanagement and neglect that plague the metro's waste management services,' said Arno Roodt, AfriForum's Regional Coordinator for Greater Pretoria South.
AfriForum added that the metro seriously lacks a coherent institutional mechanism for the effective delivery of solid waste management services. It also does not have a well-structured and guided strategy as required by Section 78 of the Municipal Systems Act.
According to AfriForum, this legislation prescribes critical processes to ensure that municipalities determine the most appropriate means for the effective and sustainable delivery of services.
'The metro claims in its court documents that it is fully capable of delivering the services in question, yet the facts reveal a completely different reality,' Deidré Steffens, AfriForum's Advisor for Local Government Affairs said.
She added that we're dealing with a metro that has not only allowed landfill operations to bleed millions of rand but has also failed to establish a basic service delivery framework as required by law. 'Now the metro seeks to penalise residents by imposing an arbitrary levy on services that are either non-existent or in disrepair,' she said.
Roodt is of the opinion that the city's cleansing levy is not based on service usage, as is required by law. 'This levy is a fundraising tool aimed at covering up years of poor planning and financial mismanagement,' he said.
zelda.venter@inl.co.za
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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Avvakoumides also instructed the city to immediately take all reasonable measures to ensure that residents and businesses are no longer billed for the cleansing levy. Where bills have already been issued, the city must credit affected accounts during the next billing cycle. Meanwhile, AfriForum welcomed the ruling. 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