Tshwane’s Controversial Cleansing Levy Hits Another Legal Wall

The City of Tshwane has been sent back to the drawing board after a high court judge delivered a decisive blow against its controversial cleansing levy. For months, the city has been fighting to keep the levy alive, but a new ruling has not only halted its collection but strengthened the case for residents to get their money back.

The legal saga took a critical turn this week when Acting Judge George Avvakoumides handed down a judgment that prevents the city from implementing the levy while it appeals the matter. This latest decision reinforces an earlier court finding that declared the levy unlawful.

A Victory for Residents, A Setback for the City

The civil rights group AfriForum, which has been leading the charge against the levy, hailed the ruling as a “decisive victory.” The key outcome lies in the suspensive effector lack thereof.

Normally, when a party appeals a court order, the implementation of that order is put on hold. However, AfriForum successfully argued that the City of Tshwane’s conduct was so “exceptional, unusual and unacceptable” that this standard rule should not apply.

The court agreed. This means the original rulingthat the levy is illegal and must be set asideremains in force right now, despite the city’s ongoing appeal process.

What This Means for Pretoria Residents

The immediate practical effect is twofold. First, the City of Tshwane must stop collecting the cleansing levy immediately. Second, and more significantly, the door is now wide open for refunds.

“The collection of the illegal levy must stop immediately and that residents who were already forced to pay it are now entitled to a full refund,” stated Arno Roodt, AfriForum’s district coordinator for greater Pretoria south.

The ruling is a stern judicial reprimand for the municipality, which now faces mounting pressure to reimburse the funds it has collected under a levy repeatedly found to be unlawful. The city’s fight now moves to the Supreme Court of Appeal, but for the time being, the levy is stopped, and residents have a powerful legal precedent on their side.

{Source: Citizen}

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