City will take on Cogta over tariffs if court rules against it

PROCEEDINGS in the fight over the City of Cape Town's (CoCT) fixed tariffs and their decision to link certain fixed charges to property values grew increasingly intricate yesterday, where not only did Sapoa and AfriForum respond to the City’s assertion of having “unconstrained power”, but the City also argued its counter-application.

- THEOLIN TEMBO

The City’s counter-application sets out that, should the court rule in favour of AfriForum and Sapoa, they seek to have Section 75A of the Systems Act declared inconsistent with the Constitution and invalid, as it impedes their ability to exercise their full municipal powers and deliver services to communities.

The Department of Cooperative Governance and Traditional Affairs (Cogta) is the respondent in this case.

At the centre of the dispute, being heard by Judge President Nolwazi Mabindla-Boqwana, as well as presiding judges Judge Andre Le Grange and Judge Katharine Savage, Sapoa and AfriForum are challenging the City’s fixed tariffs and their decision to link certain fixed charges to property values.