SUCCESS: Johannesburg Metro’s exploitation of schools through tax increases declared unconstitutional

1 March 2023  

AfriForum achieved success in the High Court in Johannesburg where the court declared the action of the Johannesburg Metropolitan Municipality to take away the property category of educational institutions unconstitutional.

“AfriForum considers this ruling a great victory. Instead of targeting schools, the metro should work with schools instead. We also see that with this order that the court also protects schools for the next tax year,” says Alana Bailey, AfriForum’s Head of Cultural Affairs.

This legal action follows after the metro council removed a property category that applied to educational institutions. Public institutions will henceforth be assessed in the category of public service property and private schools as public enterprises. The tax rates in these categories are dramatically higher, regardless of whether private institutions qualify to be recognised as non-profit organisations and are therefore eligible for relief.

According to Morné Mostert, AfriForum’s manager for Local Government Affairs, this is also a message to municipalities that they must consult with communities and institutions. “The metro cannot enforce a decision if a proper process has not been followed. Educational institutions and community-based organisations should be given the opportunity to make suggestions, not only because this decision had a major impact on constitutional rights but also because the suggestions might have steered the decision towards a more rational way out.”

Issued by Morné Mostert, Manager: Local Government Affairs, AfriForum, 1 March 2023