The City of Cape Town is bracing for a legal battle over its newly implemented ‘city cleaning levy,’ as civil rights group AfriForum prepares to challenge the charge in court, Cape {town} Etc reports.
This comes after a similar levy imposed by the City of Tshwane was overturned by the North Gauteng High Court, which ruled it ‘invalid and unlawful.’
According to BusinessTech, AfriForum has instructed its legal team to file suit against Cape Town’s version of the fee, arguing that it constitutes ‘illegal and unfair double taxation.’
The group successfully contested Tshwane’s R194-per-month levy, with the court finding that the metro had failed to comply with constitutional and municipal laws in imposing the charge.
Cape Town’s cleaning levy, which was introduced on 1 July, differs from Tshwane’s in that it applies to all properties and is calculated progressively based on property values.
The City defends the move as part of its ‘pro-poor budget‘ strategy, claiming it helps fund essential services and a R40 billion infrastructure investment over the next three years.
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However, critics, including the South African Property Owners Association (SAPOA) and the Cape Town Collective Ratepayers’ Association (CTCRA), argue that the fee lacks a legislative basis. They contend that it functions as a ‘revenue-generating tool‘ rather than a charge for specific services, effectively forcing residents to pay twice for municipal upkeep.
AfriForum’s victory in Tshwane sets a significant precedent. The court ruled that the metro had violated Section 229(1) of the Constitution and Section 74(1) of the Municipal Systems Act, which govern municipal taxation.
The group’s CEO, Kallie Kriel, stated that Cape Town’s levy follows the same flawed logic, calling it a ‘fundraising ploy‘ to mask financial mismanagement.
The CTCRA warns that if the levy stands, other metros may adopt similar fees, further burdening residents nationwide. ‘It is critical that the rule of law, fairness in service delivery, and constitutional accountability are upheld, not just for our city, but for the nation,’ the association said.
With SAPOA already filing for a judicial review and the CTCRA seeking to join as a ‘friend of the court,’ the legal battle could have far-reaching consequences. If the court rules against Cape Town, the City may be forced to refund affected residents, as Tshwane was ordered to do.
As legal proceedings unfold, residents and businesses await clarity on whether the cleaning levy will stand or meet the same fate as its Tshwane counterpart.
While the City argues that the fee supports essential services, opponents see it as an unjust financial burden. With AfriForum leveraging its recent court win in Tshwane, the outcome of this case could influence how other metros approach revenue generation.
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