High Court strikes AfriForum’s urgent bid, Joburg water levy set to take effect

The Gauteng High Court in Johannesburg has struck AfriForum’s urgent application off the roll, clearing the way for the City of Johannesburg’s budget including a 65.6% increase in the water demand management levy to come into effect on July 1.

What the ruling means

The court found that AfriForum’s request was not urgent and that Johannesburg residents would not suffer irreparable harm if the urgent application were dismissed. As a practical consequence, the metro’s new budget will take effect on July 1 and the levy increase will be implemented.

How the levy changes billing

The water demand management levy rises by 65.6%. Residents who previously paid a fixed monthly rate of R65.08 will now pay R107.74 per month, irrespective of water use.

Legal process continues

No final decision has been made on the legality of the levy. The merits of AfriForum’s challenge are expected to be heard in the ordinary course, with the matter likely to be considered in November. AfriForum has instructed its legal team to request special leave from Acting Deputy Judge President Lebogang Modiba to be heard at an earlier date.

AfriForum response

“We respect the court’s decision but fundamentally disagree with the outcome. The reality remains that the metro is potentially imposing an unlawful levy on its residents, through which it will have collected an estimated R750 million in revenue by the time the court can consider the merits of the application,”

said Marais de Vaal, AfriForum’s advisor for Environmental Affairs. He added that the metro has not provided a clear explanation for how the 65.6% increase was calculated or why it is necessary, and that answers to those questions will emerge when the merits are heard.

“Although we have not succeeded in obtaining urgent relief, this matter is far from over… Johannesburg residents deserve clear answers as to why this levy was imposed and whether it complies with the law,”

De Vaal said.

City of Johannesburg position

The City of Johannesburg and Johannesburg Water welcomed the court’s finding that the matter was not urgent. The city maintained that the water demand management charge is a lawful and necessary measure aimed at promoting sustainable water management, encouraging efficient water use, ensuring financial sustainability and supporting investment in water infrastructure upgrades.

Next steps

With the urgent application dismissed, the levy increase will be applied from July 1 while the substantive dispute over its lawfulness remains pending and is expected to be dealt with in the ordinary course of court later in the year.