City's fixed tariffs in court's hands

THE City’s controversial fixed water, fixed sanitation and city-wide cleaning tariffs will come under judicial scrutiny when the matter comes before the Western Cape High Court on Tuesday.

The South African Property Owners Association (Sapoa) wants these tariffs or the City’s entire 2025/2026 budget, declared unconstitutional. 

A number of organisations including government departments have filed papers in support of Sapoa’s court bid. They include the National Department of Cooperative Governance and Traditional Affairs (Cogta), #SA1stForum, GOOD and the Cape Town Collective Residents Association, among others. 

Sapoa’s main argument is that the fixed charges contravene the applicable constitutional and national legislative frameworks.  

The association argued: “The fixed charges are not service charges, but they are in fact disguised property rates. 

Despite widespread public outrage during the comment period of the draft budget, Sapoa said a revised draft budget was eventually passed with only minor changes.

However the City argues that spending must be within the parameters of affordability and aligned with service delivery goals. 

“The reality is that in each budget there must be trade-offs and compromises as a result of a massive and continued growth in our residents, as well as historical sacrifices that have occurred. The City-wide cleaning service is designed to make an impact in public places that are enjoyed by all, in all neighbourhoods.

In its court papers, Cogta said the City had been contemplating the levying of a sanitation charge through the Rates Act since 2018 and, to that end, approached the department to amend the Rates Act to accommodate a further such charge. However, the request was declined.