Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

City cleaning levy: Court dismisses Tshwane Metro’s application for leave to appeal

Soundbite: Arno Roodt (English)

Soundbite: Arno Roodt (Afrikaans)

The High Court in Pretoria today dismissed the Tshwane Metropolitan Municipality’s application for leave to appeal in the case regarding the city cleaning levy. This ruling is the second setback for the Metro, after the court ruled on 31 July that the implementation of this levy was unlawful and should be set aside.

The Tshwane Metro filed their application for leave to appeal only three days before the cut-off date but was quickly turned away again by acting judge George Avvakoumides, who dismissed their application as “mischievous”, “without merit” and that it “avoided the principle of legality”. A second punitive costs order was imposed against the Metro, which must again cover AfriForum’s legal costs.

During the court proceedings, the Metro’s legal team argued, among other things, that AfriForum, as a civil rights organisation, did not have the necessary locus standi (right to bring a case) to bring the application on behalf of Pretoria residents. The court dismissed the argument and found in favour of taxpayers by arguing that the Metro’s application did not comply with Section 17(1) of the Superior Courts Act. According to this legislation, an application for leave to appeal must prove that there will be a reasonable chance of success in an appeal. The court further stated that the Metro could not give sufficient reasons as to why the appeal should be heard at all.

“AfriForum is of course very pleased with this positive ruling that further thwarts the Metro’s money-making plans. State organs such as municipalities cannot simply impose tariffs to fill their pockets at the expense of taxpayers,” says Deidré Steffens, Advisor for Local Government Affairs at AfriForum.

The court further lashed out at the Metro, saying that this application exposed its true intention with the levy (to unlawfully increase its income by approximately R540 million per year).

According to Arno Roodt, AfriForum’s District Coordinator for Greater Pretoria South, this ruling is a decisive victory for the community. “Our residents are not a cash cow that can be milked without right or reason. The Metro now has one of two choices – either they accept the ruling and start planning their budget according to legislation or they can further put the Metro’s finances under pressure by going to the Supreme Court of Appeal. In any case, AfriForum will stand ready to hold them accountable.”

AfriForum will continue to ensure that residents’ interests are protected and that taxpayers are not further disadvantaged by unlawful levies and legal actions.

Uitspraak_Court ruling Download