By Jean-Andre Deenik originally posted at Legal Resources Centre
Limpopo Communities and Nkuzi Development Trust Challenge the Constitutionality of Compulsory Tribal Levies at the Constitutional Court
IN SUMMARY:
- Legal Representation: The Legal Resources Centre is representing members of seven traditional communities in Limpopo and Nkuzi Development Trust.
- High Court Ruling: The Limpopo High Court previously ruled that the imposition of taxes, levies, and rates by traditional councils is unconstitutional.
- Nature of Levies: Community members must pay annual levies and specific fees for various purposes, including traditional ceremonies and the chief’s expenses.
- Penalties for Non-Payment: Failure to pay these levies results in punishments such as refusal to provide proof of address, denial of residential stands, or burial sites.
- Historical Context: The practice originated from colonial and apartheid laws that empowered traditional leaders to levy taxes for their salaries. Currently, the government is responsible for these salaries.
- Government Funding: Traditional councils receive salaries from the government, but there is little to no further support, leading to community members having to subsidize council functions.
- Constitutional Argument: Applicants argue that only elected government spheres have the authority to impose compulsory taxation.
- Opposition’s Stance: Traditional councils and Limpopo officials opposed the challenge, claiming that levies are voluntary and decided by the community, but failed to provide evidence.
- Hardship Stories: Applicants shared hardships caused by compulsory levies, such as denial of burial sites and essential documents due to unpaid levies.
- High Court’s Decision: On November 1, 2023, the Limpopo High Court declared compulsory tribal levies unconstitutional and ordered public dissemination of this ruling.
- Unconstitutional Section: Section 25 of the Limpopo Traditional Leadership and Institutions Act, which allowed for these levies, was also declared unconstitutional.
- Constitutional Court Appeal: The Applicants are seeking the Constitutional Court’s confirmation of the High Court’s ruling.
For Media Enquiries: Jean-Andre Deenik, Legal Resources Centre: jeanandre@lrc.org.za / +27 83 375 5044
