Nothing stops City from imposing a fixed tariff, WC High Court told

THE Western Cape High Court was told yesterday that the City possesses broad powers, with no restrictions on the impositions it can make.

- THEOLIN TEMBO

The court heard arguments concerning the City's fixed tariffs and its decision to link certain fixed charges to property values.

Judge President Nolwazi Mabindla-Boqwana, as well as presiding judges Judge Andre Le Grange and Judge Katharine Savage, heard arguments from the South African Property Owners Association (SAPOA), AfriForum, and the City.

In its court application, SAPOA is asking for the three tariffs in the budget, namely the Cleaning Tariff, the Fixed Water Charge, and the Fixed Sanitation Charge be declared unconstitutional and invalid.

SAPOA's membership currently comprises more than 90% of the country’s commercial and retail property industry, including some of the largest property-owning companies in South Africa.

AfriForum argues that the City “does not have the power to use the value of a property to determine any fees, surcharges, tariffs, taxes, levies, and duties (“tariffs”) other than a rate within the definition of and in terms the Local Government: Municipal Property Rates Act, 6 of 2004 (“the Rates Act”)”.