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AfriForum requests hearing as Joburg Metro continues to dodge questions on water levy

Marais de Vaal (English)

AfriForum has asked the Acting Deputy Judge President of the Johannesburg High Court to allocate a special hearing date for its challenge to the City of Johannesburg Metropolitan Municipality’s controversial water demand management levy. This follows the filing of AfriForum’s replying affidavit, bringing the exchange of court papers to a close and clearing the way for the legality of the levy to finally be determined.

Johannesburg residents have been paying the increased levy since 1 July, when the fixed monthly charge jumped by more than 65%, from R65,08 to R107,74. Yet the Metro has still not disclosed the methodology or cost calculations explaining how the amount was determined or why such a substantial increase was necessary. AfriForum estimates that the Metro is collecting approximately R150 million per month through the disputed levy, while its legality remains unresolved.

According to Marais de Vaal, AfriForum’s Advisor for Environmental Affairs, the Metro’s conduct since the dispute began has repeatedly frustrated attempts to obtain answers and bring the matter to finality.

“During the public participation process for the 2026/2027 budget, the Metro refused to provide the underlying methodology and instead directed AfriForum to follow a lengthy PAIA process. After litigation commenced, the Metro maintained that the issues are highly technical and that it required additional time to prepare a response. AfriForum afforded it additional time to supplement its answering affidavit, but the promised supplementary affidavit was never filed,” says De Vaal.

“The Metro is effectively benefiting from withholding information and delaying the very proceedings that could subject its decision to proper judicial scrutiny. Meanwhile, the calculation behind the 65,6% increase remains undisclosed and Johannesburg residents are still uncertain if the charge being collected from them every month is lawful.”

AfriForum originally approached the High Court on an urgent basis before the levy took effect. On 23 June, the Court found that the matter was not sufficiently urgent but made no determination on the merits or legality of the levy. Those questions therefore remain unresolved.

AfriForum has now requested that the matter be allocated to the special motions court. The organisation maintains that the dispute should be determined without further delay.

“This case is not going away simply because the Metro chooses not to confront it. When a municipality exercises public power, it must do so lawfully and be able to account for the decisions it takes. The Metro cannot avoid that scrutiny through delay or silence. AfriForum intends to see this matter through until the legality of the levy is finally determined,” concludes De Vaal.

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