High Court strikes Afriforum challenge to Joburg water demand management charge off the roll

What the court decided

The court, sitting on 23 June 2026, dismissed AfriForum’s urgent application which sought to stop the water demand management charge introduced in the City of Johannesburg’s 2026-27 Medium Term Budget.

AfriForum had argued that the charge was inconsistent with the constitution and therefore invalid. The court found AfriForum’s grounds for urgency insufficient and struck the matter off the roll.

City and Johannesburg Water welcome ruling

The City of Johannesburg and Johannesburg Water said they considered the outcome a legal victory. The city said the ruling “affirms the city’s approved budget, including the tariff structure.”

During the proceedings, the City maintained that “the water demand management charge was a lawful and necessary measure to promote sustainable water management and to support ongoing investment in water infrastructure upgrades.”

Purpose of the charge, as described by the city

The city described the water demand management charge as a tool to drive responsible consumption and help maintain municipal finances. In its words, the implementation of the charge is “aimed at encouraging efficient water use, ensuring financial sustainability and supporting infrastructure development to meet the growing needs of our communities.”

The city added that it “remains committed to delivering reliable, quality water services to all residents and businesses in a manner that is sustainable, equitable and transparent.”

Related legal context cited by the city

The High Court ruling was described by the city as the latest in a string of legal wins. The city cited several recent judgments, including:

• The rescission and setting aside of a judgment and order in the matter between the City of Johannesburg Metropolitan Municipality and Dr Floyd Brink, delivered on 19 June 2026.
• An appeal victory in the Supreme Court of Appeal in the city’s case against Mr Calvin Bantham.
• A ruling concerning unlawful occupiers of Rabie Ridge Extension 1, delivered on 23 June 2026.
• A landmark judgment relating to Mable Towers in the inner city of Johannesburg.

City message to residents

With the budget tariff structure affirmed by the court, the city moved to reassure stakeholders. It said:

“The city wishes to reassure all stakeholders that it will continue to operate within the bounds of the law and uphold its constitutional obligations.”

The city also thanked “residents, businesses and stakeholders” for their support and understanding as it works “to build a resilient and sustainable water future for Johannesburg.”