Bloemfontein – Judge Ingrid Opperman has reserved judgment in AfriForum’s Section 18(3) application to compel the Ngwathe Municipal Council to dissolve, which was heard earlier this week in the Free State High Court in Bloemfontein.
With this application, AfriForum seeks to enforce the court order that was issued on 20 June last year
The court ordered that Ngwathe’s Municipal Council be dissolved and the provincial government intervene with the municipality.
However, the Ngwathe Municipal Council sought to appeal the process regarding this order to dissolve.
The municipality’s application for leave to appeal was dismissed in August 2025.
Undeterred, the municipality then approached the Supreme Court of Appeal, but their request to appeal the order was again turned down in October 2025.
In this judgment, the Supreme Court ruled that there was “no reasonable prospect of success in an appeal and no other compelling reason why an appeal should be heard”.
In the meantime, the municipality has indicated that it will appeal the judgment in the Constitutional Court.
In terms of Judge J.P. Daffue’s June 2025 court judgment, the Free State Premier, the province’s Executive Council, and the other relevant respondents in the case must, within the framework of section 139(5)(a) and (b) of the Constitution:
- Implement a recovery plan to restore service delivery in the municipality 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;
- report to the court under oath every three months on the progress made in the management of the municipality; and
- approve a temporary budget, revenue-generating measures, or any other measures that will give effect to the recovery plan.
Judge Daffue also ordered that the Ngwathe Municipality, together with eight other respondents in the case, including the Premier, must pay AfriForum’s legal costs.
Commenting on the matter, Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, said: “While the municipality is busy with pointless appeals that waste residents’ money, the same residents have been burdened with power and water outages again in recent weeks”.
Pretorius is optimistic that Judge Opperman will rule in favour of residents who are suffering bitterly from the municipality’s mismanagement and will now enforce the order.
Schalk Burger, Chairperson of AfriForum’s Parys branch, in turn maintains that the community is hopeful that the province will now, regardless of the court ruling, act firmly and take residents’ rights into account.
“All we ask is to have a well-functioning municipality where the necessary services will be delivered to all residents,’’ said Burger.
“We would like to join hands with the municipality to improve our towns, but currently our hand is being slapped away.”
AfriForum is calling on the community to stay involved, report injustice, and work together to hold local government accountable.
Contact Burger at 082 653 4281 to get involved with AfriForum’s Parys branch.
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