City of Cape Town threatens constitutional challenge if fixed tariffs ruled invalid

SHOULD the court rule in favour of the South African Property Owners Association (SAPOA) and AfriForum, the City says they will 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.

- THEOLIN TEMBO

Proceedings in the fight over the City's fixed tariffs and their decision to link certain fixed charges to property values continued yesterday, where SAPOA and AfriForum responded to the City's assertion of having "unconstrained power", and the City also argued its counter-application.

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

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

The City has maintained that its fixed charges are not rates but service charges.