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LCHR presents a challenge to the unconstitutionality of the decision made by the Cairo governor to include the cleaning tolls in the electric bills
LCHR has presented challenge no. 8069/61 judicial before the administrative judiciary court in Cairo to cancel the decision made by the Cairo governor that will include cleaning tolls in the electric bills, as it violates a court decision. The administrative judiciary court has previously settled case no. 19680/57 judicial that cleaning tolls will not be collected or included in the electric bills. This court decision was based on the following:
• To include cleaning tolls in the electric bills is an obligation for citizens to pay double tolls, as the people already have to pay local tolls for public cleanness according to the 8th article of the cleanness law.
• To include cleaning tolls in the electric bills will make the electric companies breach their contracting commitments with the citizens when they do not pay these cleaning tolls. It also means that the employees of the companies are the ones to collect the cleaning tolls, which violates the law that states that only local units have the right to collect such tolls.
• To include cleaning tolls in the electric bills will make citizens bear additional burdens claiming that the city cleaning process will be handled by foreign companies, while it is the duty of the state to clean and preserve the environment.
Cairo citizens have received electric bills that included cleaning tolls, which violate their contracts with the electric companies, as the contracts clearly state that these companies have to provide citizens with electricity, while citizens have to pay for this electricity according to the reading of the electric meter. The contracts don't mention anything about cleaning tolls. Hence, collecting cleaning tolls by the electric companies is a violation to articles 147 and 148 of the civil law, as the electric companies cut the power "electricity" when the people don't pay the cleaning tolls, which violates the contracts between them that actually don't say anything about cleaning tolls. Will the electric companies be cleaning the streets and gathering garbage from the people's homes, schools and hospitals now?
The amazing thing is that the state and the electric companies insist on collecting cleaning tolls, while no one does the cleaning, as the streets are full of garbage and piles of trash. If the electric companies will not be cleaning people\s streets and homes, why are they collecting cleaning tolls?
Not to mention that the values of these cleaning tolls are exaggerated and unreasonable, which violate articles 64 and 116 of the constitution and Egyptian laws, like the 8th article of law no. 38/1967 that states that cleaning tolls decided by the local councils must not exceed 2% of the rental value of the homes that people live in, and these tolls must be collected by these councils and spent only on cleaning tasks.
LCHR sees that governmental institutions in Egypt suffer from a contradiction in their decisions and distribution of specializations among the different authorities, which will negatively affect citizens' conditions.
In addition to that, governmental institutions obligate the citizens to pay exaggerated water tolls that reach 40% of the rental values of their homes.
LCHR wonders, where does all this money collected in the form of tolls and taxes go, when the level of public services provided to the people is very bad? Who is responsible for making limited income citizens bear more tolls and taxes?
LCHR presents a complaint to the Prime Minister and the Cairo governor demanding them to cancel the decision of including cleaning tolls in electric bills and make the electric companies payback the tolls they have collected, and also consider the constitutional and legal criteria when imposing tolls and taxes to guarantee equality and justice among citizens and improve public services.
For more information, please contact the Center.