AfriForum’s challenge of Joburg’s water levy to be heard in court tomorrow

AfriForum’s urgent court application to review and set aside the Johannesburg Metropolitan Municipality’s controversial increase of 65,6% in the water demand management levy is expected be heard tomorrow (23 June) in the High Court in Johannesburg.

AfriForum approached the court on an urgent basis because the Metro’s new budget, including this huge increase, is due to come into effect on 1 July. According to AfriForum, residents will be materially disadvantaged and preventable practical problems will be created if the increased levy comes into effect before its legality has been tested.

“Litigation was never AfriForum’s first choice. We have repeatedly requested information and meaningful engagement from the Metro to address our concerns. However, the Metro has refused to engage with us in any meaningful way, leaving us with no other alternative than to approach the courts,” says Marais de Vaal, AfriForum’s Advisor for Environmental Affairs.

AfriForum is requesting the court to set aside the new levy on the grounds that it is unlawful and that the Metro failed to comply with its legal obligations during the budget process.

“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,” says De Vaal.

AfriForum expects the Metro to oppose the application, arguing that the matter is not urgent and that the levy is lawful and justified. These are issues that AfriForum believes should be properly determined by the court.

The organisation will provide a further update once the matter has been heard.