Tshwane's cleansing levy faces legal challenge as city plans to appeal court ruling
Image: Oupa Mokoena / Independent Newspapers
The City of Tshwane will appeal the Gauteng High Court, Pretoria, judgment declaring the R194 monthly cleansing levy unlawful, invalid, and of no force and effect, as well as setting it aside.
Acting Judge George Avvakoumides on Thursday said the declaration of unlawfulness and setting aside of the cleansing levy included relevant portions applicable in various council documents.
In the matter brought by lobby group AfriForum, the court also prohibited the municipality from having the by-law published and compelled it to take all reasonable measures to ensure that it would not be published.
"To the extent that the publication has taken place, the city is ordered to take immediate steps to retract the publication by way of a further publication in which the previous publication, City of Tshwane metropolitan municipality waste management by-law, is forthwith withdrawn," reads the judgment.
Acting Judge Avvakoumides also ruled that in the event the city has activated its billing systems to render accounts to residents and businesses with a cleansing levy, and take all reasonable measures and steps to ensure that residents and businesses are not billed for the cleansing levy.
"To the extent that the city has already proceeded with the billing systems and has rendered accounts to residents and businesses with the cleansing levy, the city is ordered to forthwith take all reasonable steps and measures that the accounts of the affected residents and businesses who have been billed for a cleansing levy are credited with an amount equal to the cleansing levy during the following billing cycle," the acting judge ordered.
City of Tshwane Environment and Agriculture Management MMC Obakeng Ramabodu said the municipality noted the judgment of its cleansing levy of R194 per month for customers using private refuse collection and will take the court's decision on appeal in pursuit of a safe and clean city for all.
"The City of Tshwane will appeal this judgment as we remain steadfast in our belief that a cleansing levy aimed at improving the maintenance of our landfills is a step in the right direction, and necessary to ensure a safe and clean city for all," said Ramabodu.
He added: "Much has been made of this cleansing levy, and it must be noted that a cleansing levy is not unique to the City of Tshwane.
"A cleansing levy was introduced in Tshwane between 2016 and 2021 by the erstwhile government, which now claims to take exception to it."
According to Ramabodu, this is disingenuous and does not put the environmental health and cleanliness of the city at the centre of discussions.
AfriForum's district coordinator for Greater Pretoria South, Arno Roodt, said the implementation of the levy was nothing more than a fundraising ploy aimed at covering up years of poor planning and mismanagement.
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