AfriForum kicks off legal action against Tshwane Metro over new levy
Soundbite: Deidré Steffens (English)
Soundbite: Deidré Steffens (Afrikaans)
The civil rights organisation AfriForum started legal action against the Tshwane Metropolitan Municipality this week to obtain clarification on the implementation of this Metro’s proposed environmental or city cleaning levy. The Metro plans to implement this monthly levy, amounting to approximately R200 per month, from 1 July of this year. All properties without a municipal waste account will be subject to this levy.
AfriForum submitted a request to obtain clarification on the Metro’s plans regarding the new levy on 2 April. The Metro, however, did not respond to the request. On 24 April, AfriForum submitted its comments on the Metro’s draft Medium-Term Revenue and Expenditure Framework (MTREF) in which the levy was announced. In it, the civil rights organisation expressed its concerns about the implementation of this levy – which the organisation described as unfair double taxation.
In the letter that AfriForum’s legal team sent to the Metro on Wednesday (14 May 2025), the organisation now urges the Metro to provide feedback on the proposed introduction of this new levy by no later than 30 May.
“Our legal team has made it clear that the draft MTREF containing details of the proposed levy contains material contradictions and gives excessive discretionary power to the Municipal Manager in the application of the levy. This creates unacceptable scope for abuse and arbitrary application,” says Deidré Steffens, AfriForum’s Local Government Affairs Advisor.
In the letter to the Metro, AfriForum’s legal team demands that feedback be given on the organisation’s submissions and objections to the proposed levy submitted in April; that the minutes of the council meeting where the levy was introduced be provided to AfriForum; and that a clear explanation of the rationale for the introduction of the new levy be provided.
AfriForum is prepared to approach the court if the Metro fails to provide the requested information by the deadline.
According to Steffens, the implementation of the proposed levy would be contrary to Section 74(2) of the Local Government: Municipal Systems Act, which requires that tariffs reflect the actual use of services and be applied fairly. AfriForum pointed out this contradiction with legislation in its earlier submission to the Metro, as well as in its legal letter.
Steffens argues that although the Constitution requires municipalities to promote the social and economic development of communities in their budgeting processes, this is not the case with the intended implementation of this levy. A non-revenue-generating service, such as a cleansing levy, is traditionally financed by property rates, and if the Metro were to proceed with the proposed implementation of this levy it would amount to double taxation.
“It is unacceptable that a service that should be funded by property taxes is now being repackaged as a new levy, presumably to cover the Metro’s budget deficits. This is a blatant attempt to milk more revenue from already overtaxed residents,” adds Steffens.
According to AfriForum, the timing of implementing this proposed levy is also unfair, as it follows the announcement of increased property valuations that will take effect in this Metro in July this year.
Meanwhile, rumours are also circulating that residents of security estates in the Metro are now being charged for refuse removal on their municipal accounts despite existing agreements with private service providers for the delivery of this service that have been approved by the Metro and exempt residents from this municipal levy.
