Hill-Lewis “not a king”: Cape Town urged to repay unlawful tariff charges

by | May 7, 2026

Cape Town tariffs, Geordin Hill Lewis, unlawful tariffs, Cape Town over charges, tariff refunds, City of Cape Town, Western Cape High Court, Nersa, municipal tariffs, Cape Town billing dispute, unlawful fixed charges, ratepayer refunds, Cape Town water tariffs, sanitation tariffs, electricity tariff dispute
Cape Town faces mounting pressure to refund residents after court rulings declared fixed tariffs unlawful.

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The GOOD Party is procuring legal advice on the appropriate next steps to force the City of Cape Town to comply with last week’s Western Cape High Court finding that its fixed tariff regime is unlawful and return over-charges to residents.

While the court was clear on the unlawfulness of the City’s fixed cleaning, water, and sanitation tariffs, setting them aside prospectively from 30 June 2026, the consequence remains unresolved. A very significant amount of money was collected from residents under the unlawful regime over the past year.

By not dealing with this matter, the court left an unresolved issue of unlawful enrichment that still needs to be addressed.

Mayor Hill-Lewis and his administration have suggested that the City of Cape Town spend more public funds to appeal the Cape judgment. Legal options are therefore being examined, including a cross appeal.

This matter was taken beyond the Council chamber to court at significant cost.

It was done because the unlawful tariff scheme targeted groups of people with extra payments they simply cannot afford. This includes people who inherited property or whose property values increased sharply because of gentrification or development. If the Mayor were allowed to charge residents whatever he wants, it would effectively force some of these residents to downgrade their homes, which is the exact opposite of development.

Ratepayers should not be misled by the Mayor’s description of the court ruling as anti poor. The reality is that the Mayor’s unlawful tariffs do not help struggling families or provide them with relief. The municipal framework already allows for consumption based tariffs and targeted support for low income households, without the need for unlawful billing structures.

Ratepayers should also understand that the City is not forced to continue defending its unlawful position, even though it has almost unlimited legal resources funded by ratepayers.

The clear risk of appealing and continuing to apply the unlawful fixed charges into the next financial year, and possibly longer, is that if the judgment is confirmed on appeal, the amount the City will owe the people of Cape Town could become substantially higher.

Hill Lewis’s claim that the only alternative to his unlawful tariff model is a flat charge for everyone is false. It is a political scare tactic, not a legal or policy reality.

Hill Lewis is not a king whose policies and practices are above the law. Residents are entitled to honest billing, lawful tariffs, and accountability for charges already imposed on them, not political spin, poorly thought out over charges, and manufactured crises.

In addition to the Cape court ruling, the judgement of the Gauteng High Court in the matter between Cape Town and the electricity regulator, the National Energy Regulator of South Africa, is eagerly awaited. If the Gauteng court finds that Cape Town unlawfully charged tariffs above those set by the regulator, these over charges must also be repaid to residents.

Sourced from the GOOD Party.

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