Tshwane
Tshwane considers appeal options after Pretoria High Court dismisses bid to overturn unlawful cleansing levy judgment.
In a setback for the City of Tshwane’s revenue plans, the municipality is exploring further legal avenues after the Pretoria High Court on Monday, 26 August 2025, dismissed its application for leave to appeal a prior ruling that declared its R194 monthly city cleansing levy unlawful and invalid. The levy, aimed at funding waste management for around 250,000 residential and business properties using private collection services, was expected to generate about R540 million annually but has been struck down due to procedural and legal flaws. Municipal spokesperson Selby Bokaba confirmed that the city will consult senior legal counsel to assess the judgment’s implications and decide on next steps, with a one-month window to petition a higher court. This development follows a successful challenge by civil rights group AfriForum, which hailed the outcome as a victory against “daylight robbery,” while raising questions about refunds for affected ratepayers and the municipality’s financial stability amid ongoing service delivery challenges.
Background to the Levy and Legal Battle: A Controversial Revenue Measure
The city cleansing levy was introduced by the Tshwane Metropolitan Municipality in May 2025 as part of its budget to cover costs for waste removal in areas where private contractors handle collections, primarily in townships and informal settlements. Billed at R194 per month, it targeted approximately 250,000 properties, with the municipality projecting annual revenue of R540 million to fund essential services like street cleaning and illegal dumping prevention. However, the measure faced immediate backlash from residents and organisations, who argued it was imposed without proper authority, consultation, or rationale, effectively doubling as an unfair tax on vulnerable communities.
AfriForum launched a legal challenge in the Pretoria High Court under case number 39075/2022, contending that the levy was ultra vires—beyond the city’s legal powers—and irrational. On 31 July 2025, Acting Judge Justice Avvakoumides ruled in AfriForum’s favour, declaring the levy unlawful, invalid, and of no force or effect. The court found that the municipality failed to demonstrate lawful authority for the levy, lacked proper public participation, and did not justify its implementation, leading to an order to scrap it and refund any collected amounts. This judgment was handed down on 1 August 2025, prompting the city to seek leave to appeal.
The High Court, in a decision by Judges Aubrey Ledwaba and Avvakoumides, dismissed the appeal application on 26 August 2025, finding no reasonable prospects of success on another court reaching a different conclusion. The ruling affirmed the levy’s invalidity due to procedural irregularities, including non-compliance with municipal finance laws and failure to engage stakeholders adequately.
Tshwane’s Response: Seeking Senior Counsel and Exploring Appeals
Bokaba outlined the city’s next moves: “The city will seek the advice of senior legal counsel on the implications of the judgment and to determine the way forward. Tshwane has one month in which to appeal today’s judgment.” With the Pretoria High Court’s dismissal, Tshwane can petition the Supreme Court of Appeal (SCA) in Bloemfontein within 21 days, as per court rules. If unsuccessful there, further escalation to the Constitutional Court remains an option, though unlikely given the case’s focus on administrative law rather than constitutional rights.
The municipality had anticipated the levy as a key revenue stream to address budget shortfalls, but its removal could force cuts in services or hikes in other tariffs. Tshwane has faced financial woes, including unpaid debts to Eskom and Rand Water, making this loss particularly stinging. Bokaba emphasised that the city remains committed to finding sustainable funding for waste management without burdening residents unfairly.
AfriForum’s Victory: A Blow Against “Unlawful Taxation”
AfriForum celebrated the dismissal as a triumph for ratepayers, describing the levy as “daylight robbery” imposed without justification. The organisation argued that the charge discriminated against properties using private waste services, violating principles of equitable taxation under the Municipal Systems Act. AfriForum’s legal head, Marnus Kamfer, stated: “This ruling sends a clear message that municipalities cannot impose arbitrary levies without proper process.”
The group has demanded immediate refunds for any collected levies, estimated at minimal amounts since implementation began in July 2025. They also warned of potential class-action suits if Tshwane delays compliance, potentially costing the city millions in legal fees and repayments.
Implications for Ratepayers and Municipal Finance: Refunds and Budget Gaps
For affected residents and businesses, the ruling means relief from the R194 monthly fee, which many viewed as an extra burden amid rising living costs. Those who paid must now be refunded, with interest, as per the court’s order to set aside the levy retrospectively. This could involve administrative processes through municipal billing systems, potentially taking months.
On the municipal side, losing R540 million annually exacerbates Tshwane’s financial strain, already marked by a R23 billion debt and service delivery protests. The city may need to revise its budget, possibly cutting waste services or seeking alternative funding from national grants. Opposition parties like the DA have criticised the ANC-led coalition for “botched” taxes, calling for an investigation into the levy’s planning.
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