Johannesburg residents are now paying a heavily increased monthly water levy despite an ongoing legal challenge that questions whether the charge is lawful.
The City of Johannesburg’s water demand management levy increased by 65,6% on 1 July, rising from R65,08 to R107,74 per month excluding VAT. This fixed charge applies to all residential water connections regardless of how much water a household uses.
Civil rights organisation AfriForum failed in its urgent court bid to halt the implementation last month. Judge Cassim Moosa struck the urgent application from the roll on 24 June, ruling that the organisation had not proved residents would suffer irreparable harm if the levy took effect while the case proceeds through normal court channels.
The merits of AfriForum’s challenge have not yet been tested. A hearing on whether the levy is actually lawful is only expected in November this year.
By that time, the City will have collected an estimated R750 million from the levy, according to Marais de Vaal, AfriForum’s environmental affairs advisor.
“Once that revenue has been collected and landed in the Metro’s general purse, undoing the consequences becomes increasingly difficult,” De Vaal said.
AfriForum is now seeking special leave from Acting Deputy Judge President Lebogang Modiba to have the matter heard sooner than November.
The organisation argues the City failed to properly explain how the 65,6% increase was calculated or why it was necessary during the public participation process in May. This made it impossible for residents to assess whether such a large increase is rationally justifiable, AfriForum contends.
The City has defended the levy as necessary to fund infrastructure replacement, new reservoir construction and maintenance backlogs. However, critics point out the funds are not ring-fenced for water projects but flow into the Metro’s general budget.
The levy increase comes on top of a 12,5% general water tariff increase and other municipal charges that have risen above inflation.
De Vaal said lower-income households that do not qualify for the City’s indigent assistance programme will be hardest hit.
“Residents of the Johannesburg Metro deserve clear answers about how this enormous increase was calculated, why it is necessary, and whether it complies with the law,” he said.
The court found that the City had a valid argument when it pointed out AfriForum knew about the planned increase when the budget was adopted on 27 May, but only approached the court days before the 1 July implementation date.
Water crisis deepens
The controversial levy comes as Johannesburg’s water infrastructure continues to deteriorate at an alarming rate.
The city loses approximately 48% of its water to leaks, pipe bursts and illegal connections. Over the past four years, more than R10,3-billion worth of drinking water has been lost.
Between 12 and 18 June alone, Johannesburg suburbs experienced 16 pipe bursts in just six days. Many of the city’s water pipes are made of aging asbestos cement that requires specialized couplings to connect to modern steel replacements, complicating repair efforts.
Earlier in June, thousands of residents went without water for up to 12 days following planned maintenance by Rand Water, the bulk water supplier. Another maintenance window is scheduled for 17 July at the Zuikerbosch station, raising fresh concerns about prolonged outages.
Johannesburg Water estimates the city needs between R27-billion and R64-billion over the next decade to address the infrastructure backlog.
The utility currently relies on about 60 water tankers daily to supply areas affected by outages and informal settlements. Over the past five years, the city has spent R650 million on private water tankers, costing approximately R130 million annually.
The crisis is not caused by a shortage of bulk water supply, but by failures in the distribution network that gets water from reservoirs to taps.
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Security threats
Water infrastructure has also become a target for criminal syndicates. Johannesburg Water reported armed gangs have attacked facilities including the Olifantsvlei wastewater treatment plant, stripping infrastructure and forcing the utility to deploy armoured vehicles for security at some sites.
While the national government has announced an allocation of R27,7-billion to Johannesburg Water over three years, civic groups have expressed concern about whether these funds will be properly ring-fenced for water projects or absorbed into general municipal spending.
AfriForum maintains the legal fight is in the public interest because residents are now paying a levy whose legality remains undetermined.
“Although we did not succeed in obtaining urgent relief, this matter is far from over. We remain committed to ensuring accountability, transparent governance and lawful decision-making,” De Vaal said.
The organisation’s legal team is preparing all necessary court documents to support the request for an earlier hearing date.
For now, Johannesburg households must budget for the increased levy while waiting to find out whether they should have been charged it in the first place.
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