Refund demanded from Tshwane Metro over unlawful city cleaning levy

AfriForum is demanding that the Tshwane Metropolitan Municipality immediately refund the money that has been unlawfully collected from Pretoria residents for the city cleaning levy over the past few months or face further court action.

This comes in the wake of the Gauteng High Court, Pretoria, this week taking a strong stand against the Tshwane Metro through Acting Judge George Avvakoumides' latest ruling.

The court reaffirmed that the Metro’s controversial levy is unlawful and that the original ruling remains in force pending the outcome of the appeal process, launched by the City. As such, the Metro may not levy the tariff until the appeal process is concluded. The civil rights organisation is also opposing this appeal.

According to Arno Roodt, AfriForum’s District Coordinator for Greater Pretoria South, the latest ruling is a significant victory for Pretoria residents.

“A court order is normally suspended as soon as a party appeals against the order, but AfriForum has proven that the Tshwane Metro’s conduct is exceptional, unusual, and unacceptable,” he said.

Roodt added that ratepayers will suffer irreversible damage if the Metro continues with the levy. The court has therefore ruled that the Metro’s appeal application has no suspensive effect. This means that 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,” Roodt explained.

According to the ruling, the Tshwane Metro not only disregarded the initial court order by continuing with the levy, but also intimidated residents with threats of service interruptions, legal action, and debt collection. The court described the Metro’s actions as “unlawful”, “unusual”, and a “direct breach of its constitutional duty.”

AfriForum therefore calls on the Tshwane Metro to immediately stop placing the illegal levy on residents’ accounts and to refund all amounts collected in full. It is also urging the Metro to comply with the court order without further delay and to stop targeting residents with unlawful collection measures.

“This case is not just about a tariff; it is about protecting the public from abuse of power and enforcing proper municipal governance,” Deidré Steffens, AfriForum’s Advisor for Local Government Affairs, said.

The court ruled in August that the levy, challenged by AfriForum, was invalid. Tshwane's cleansing levy specifically targets property owners who utilise private waste collection services, requiring them to pay a monthly R194 levy in addition to their private waste removal fees.

The city plans to generate revenue through this levy, expecting to collect an additional R540 million, but residents and organisations like the DA and AfriForum have expressed concerns over double taxation and unfair application. Despite the ruling, the city continues to charge residents and businesses, sparking controversy and criticism.

The Supreme Court of Appeal is expected to, at a later stage, determine the final fate of the cleansing levy.

zelda.venter@inl.co.za