- The Johannesburg High Court ruled that AfriForum waited too long to challenge the city's water levy increase and dismissed its urgent application.
- Households will now pay a fixed monthly water demand management levy of about R124, up from R65, regardless of how much water they use.
The City of Johannesburg has won an important court battle that clears the way for a controversial water levy increase to take effect from 1 July.
The Johannesburg High Court dismissed an urgent application by AfriForum, which wanted to stop the city from implementing the higher charge.
AfriForum argued that the levy increase is unlawful, unconstitutional and places an unfair financial burden on residents already struggling with the rising cost of living.
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But the court ruled that the organisation failed to prove why the matter was urgent.
The city argued that AfriForum had known since 27 May that the levy would come into effect on 1 July after the municipal budget was approved.
According to the city, AfriForum had more than enough time to challenge the decision but waited until the last minute to approach the court.
Representing the city, Advocate Nathi Sithole told the court that the case was not about access to water but about how the municipality raises money to provide services.
"This matter has nothing to do with water. It has to do with a charge. It has to do with the budgetary concerns and the collection of revenue in providing water services," said Sithole.
He also argued that the water demand management levy is not a new charge.
The city said the levy has been part of Johannesburg's tariff structure for nearly six years.
Sithole questioned why AfriForum only challenged it now.
"They know about this thing, but today they're saying it is unlawful," he told the court.
Judge Cassim Moosa agreed that AfriForum had not shown that residents would suffer irreparable harm if the levy was implemented while the legal challenge continues.
As a result, the increase will now go ahead.
From 1 July, residents will pay about R124 a month, including VAT, for the water demand management levy.
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The charge was previously about R65 per month.
The levy is a fixed fee charged to households with conventional and prepaid water connections, regardless of how much water they actually use.
The increase means many residents will see a 67% jump in this portion of their municipal bill.
AfriForum said it is disappointed by the outcome and believes residents still deserve answers about how the city calculated the increase.
AfriForum's Marais de Vaal said the organisation remains concerned about the steep rise.
"We're not going to be able to be back in court before the end of the year. By that time it might be too late to make another determination," he said.
The legal fight over the levy is expected to continue, but for now Johannesburg residents will have to pay the higher charge from next month.
