By Lehlohonolo Lehana.
The Free State High Court has ordered the dissolution of the Ngwathe Local Municipality, citing gross failures in fulfilling its constitutional, legislative and regulatory responsibilities toward residents of Parys, Heilbron, Koppies and Vredefort, among others.
The case was brought by civil rights group Afriforum supported by the Save Ngwathe community group against Ngwathe Local Municipality and 14 other respondents—including the municipality’s leadership, the Free State Provincial Government, and national ministers.
The parties successfully acquired an interdict compelling the Free State provincial government to immediately intervene in the municipality’s affairs.
The ruling declared the municipality is in violation of sections 152(1) and 153(a) of the Constitution, which demand sustainable service delivery, a safe environment, proper management, and a focus on community needs.
The court ordered as part of a structural interdict that the municipal council must be dissolved and that the Free State provincial government must immediately intervene in the municipality’s affairs.
The court cited years of failure to provide basic services as well as financial mismanagement. Residents had long suffered from water shortages, raw sewage and decaying infrastructure.
Judge Johannes Daffue ruled that the Premier of the Free State, the province’s Executive Council and the other relevant respondents are directed to (within the framework of Section 139(5)(a) and (b) of the Constitution):
- implement a recovery plan to restore service delivery and ensure that the municipality meets its financial obligations;
- dissolve the Ngwathe Municipal Council and appoint an administrator until a new municipal council can be elected; and
- approve a temporary budget, revenue-raising measures or any other measures that will give effect to the recovery plan.
Despite clear signs of Ngwathe’s collapse, they failed to act under section 139 of the Constitution, which requires provincial intervention in failing municipalities.
Judge Daffue also ordered the Ngwathe Municipality, along with eight other respondents in the case, including the Premier, to pay AfriForum’s legal costs.
Alta Pretorius, AfriForum’s District Coordinator for the Mooi River region, described the ruling as a huge victory for residents who have been the victims of poor service delivery for years due to unprecedented decay and incompetence in this municipality.