Tshwane metro is playing with taxpayers’ money by considering appeal application
Appealing the High Court in Pretoria’s recent ruling on the Tshwane Metropolitan Municipality’s controversial city cleaning levy is a waste of taxpayers’ money. This is according to AfriForum about the Metro’s possible intention to appeal the court ruling on 31 July, which declared the Metro’s implementation of this levy, invalid and unlawful.
The civil rights organisation approached the court to set aside the metro’s decision to impose a new mandatory monthly levy of R194,37 (excluding VAT) on approximately 260 000 households and businesses within the metro. AfriForum argued that the levy amounted to illegal and unfair double taxation, especially in cases where residents do not benefit from the Metro’s refuse removal service and are forced to use private service providers. The levy was set aside with immediate effect.
Apart from the fact that an appeal is a waste of taxpayers’ money, AfriForum warned in a letter to the Tshwane Metro today that the court ruling not only rejected the levy itself, but also sharply criticized how the metro handled the process. The court described the metro’s case as “confusing, misleading and incoherent” and explicitly pointed out the lack of transparency and legal accountability.
“Although we are prepared to pursue this case – if necessary – further, AfriForum urges the Municipality to put politics and ego aside and carefully consider the financial implications of an appeal,” says Deidre Steffens, AfriForum’s Advisor on Local Government Affairs. “Apart from the half-billion rand that the Metro relied on with the city cleaning levy and the punitive costs order, another bad round in court could further damage the Metro’s finances – something they cannot afford,” says Steffens.
AfriForum further says that the Metro’s decision to appoint three advocates to take on the case against the organisation’s one advocate clearly shows that this is not about cost-saving, but rather about protecting political agendas at the expense of the taxpayer.
“AfriForum has also brought it to the Metro’s attention that there have been cases where public servants – who have acted in bad faith, exceeded their legal powers or conducted litigation recklessly – have faced personal costs orders imposed against them and not just against the entity they represent,” says Arno Roodt, AfriForum’s District Coordinator for Greater Pretoria South.
“It is time for the Metro to go back to the drawing board and draft a legal, service-based budget for the next financial year. Continuing to fight over a process that has already been rejected by the court is not sound leadership – it is maladministration,” concludes Roodt.
AfriForum also encourages all residents of the Tshwane Metro to declare a dispute against their account, if the levy appears on it. The metro stated in their court documents that it is not complicated to credit accounts and that – should the court declare the levy illegal – they will not struggle to carry out this administrative task.
AfriForum has created a platform where residents, who have already received this levy on their account, can download a custom dispute letter to declare a dispute against this levy and thus ensure that their accounts are credited. Click here to declare a dispute with the Tshwane Metro.
