AfriForum: Communities are not powerless as Ngwathe judgment stands
AfriForum has hailed the Free State High Court’s dismissal of Ngwathe Local Municipality’s appeal bid as a major win for residents, showing that ordinary people can hold failing governments to account. The ruling on 19 August 2025 confirms the June order to dissolve the council and force provincial intervention under section 139 of the Constitution. AfriForum says this proves communities, with civil groups, can enforce basic services when local leaders fail.
Court Rejects Appeal, Locks in Council Dissolution
The Bloemfontein High Court has shut down Ngwathe Local Municipality’s try to appeal a tough ruling from June 2025. Judge Johannes Daffue, who heard arguments on 12 August 2025, said there were no good chances of success or strong reasons to let the appeal go ahead. He handed down the decision electronically on 19 August 2025 at 11:00, sending it to lawyers and putting it on SAFLII.
The original case, AfriForum NPC v Ngwathe Local Municipality and 14 Others, saw Judge Daffue declare the municipality broken on its duties under sections 152(1) and 153(a) of the Constitution. These parts say municipalities must give lasting services and manage well. He ordered the council to dissolve and the Free State province to step in under sections 139(4) and (5), which let provinces take over when locals fail.
No other parties, like the province or national government, joined the appeal. The judge said this means they accept the facts and are ready to act. He recalled strong words from the Deputy Minister of Cooperative Governance and Traditional Affairs on fixing bad municipalities.
Costs went against Ngwathe, including AfriForum’s lawyer fees on higher scales C and B. The municipality, through mayor Victoria De Beer-Mthombeni, said they respect the court but will look at options. “The municipality has received the judgement of the Bloemfontein High Court and while the institution respects the Court, it will study this outcome and will make pronouncement in due course on the next course of action,” their release stated. Talk from inside says they might go to the Supreme Court of Appeal, thinking the process went wrong. But the judge was clear: the test from cases like Ramakatsa shows no grounds.
Ngwathe’s Deep Crisis Laid Bare
Ngwathe, in Fezile Dabi District, covers towns like Parys, Tumahole, Heilbron, Koppies, Vredefort, and Edenville. For years, people there have suffered no water, sewage in streets, broken roads, and money woes. The municipality owes over R2 billion to Eskom – R1.467 billion as of recent counts – and R1 billion to Rand Water. In 2022, the Constitutional Court stopped Eskom from cutting power without asking residents, showing how failures hit folks who pay bills but get no services.
The 2023 Blue Drop Report gave water a low 11% score, and Green Drop for wastewater 10%. Sewage spills into the Vaal River, risking health. Leaders change often – many managers since 2022, key jobs like chief financial officer empty. The 2025/26 budget draft of R2.099 billion got rejected for assuming 100% collection, far from reality.
Judge Daffue detailed this in June: leadership mess, fake claims on clean water, and province ignoring its duty under section 139(1) and Municipal Finance Management Act sections 136–140. He called it “exceptional circumstances” for court to force action (para 50). The structural interdict means the province must dissolve the council, name an administrator, pass a temporary budget, and start a recovery plan with revenue boosts. Reports go to court every three months under oath. The judge saw judiciary as a “watchdog” to check fixes.
AfriForum Celebrates as Win for Everyday People
AfriForum, who took the case with help from Save Ngwathe and Mooi Parys, cheered the appeal flop. Their statement said it confirms the June order for dissolution and intervention. “The Ngwathe Local Municipality’s attempt to appeal the 20 June Free State High Court ruling in AfriForum’s favour, which determined that the municipal council should be dissolved and the provincial government should intervene, failed today,” it read. Corné Cronjé, AfriForum’s Manager of Community Structures, called it a key win for residents hit by corruption and decay. “It confirms that their right to basic services such as water, refuse removal and financial transparency is protected by the court. The provincial government now has a constitutional duty to actively intervene and make the municipality functional again,” he said.
Cronjé added it shows folks are not helpless. “Today’s events prove that communities are not powerless in the face of mismanagement. This creates an important precedent, namely that communities together with civil society organisations such as AfriForum can hold the state to account and enforce basic service delivery,” he concluded.
Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, welcomed it but wants locals in the fix-up. “We extend a hand to the municipality and sincerely hope that they will accept this and act in the interest of the residents’ well-being.”AfriForum’s Kallie Kriel shared on social media: “Another major victory for @afriforum: the Free State High Court once again rules in AfriForum’s favour, confirming the court order to dissolve the Ngwathe municipal council. The municipality’s appeal against the dissolution was dismissed with costs.” Schalk Burger, Parys branch chair, called the June ruling a “sweet victory” after long fights.
Other Groups Echo Calls for Quick Action
The African Congress for Transformation welcomed it too. Rev. Mohau Khumalo said it is a win for people who suffered under a municipality that forgot its job. “This is a victory not only for AfriForum, but more importantly, for the people of Ngwathe who have endured years of suffering under a municipality that has long abandoned its constitutional duty to provide basic services,” he stated. He slammed the appeal as a waste: “What is shameful, and deeply troubling, is that instead of taking responsibility for its failures, the Ngwathe Local Municipality, its Municipal Manager and Council shamelessly attempted to use public resources to defend their brutality and neglect of the community.”
Khumalo called for fast intervention: “ACT calls on the Free State Provincial Government to implement this ruling immediately and without delay. Intervention must not be another box-ticking exercise — it must be a turning point for Ngwathe’s residents.” The Democratic Alliance said the June ruling was overdue. Councillor Carina Serfontein noted bad services in Parys and Edenville. ActionSA’s Patricia Kopane called it a landmark, listing money chaos like R545 million unauthorised spending. Political analyst Sethulego Matebesi said it could set a big example, letting courts demand fixes with reports every three months. It might embarrass the ANC before 2026 elections, admitting flops.
Like Cases Show Court Trend
This fits a rise in courts stepping in. Makana in Eastern Cape got ordered to dissolve in 2020 for bad services. Matjhabeng in Free State went under administration in 2025 for money and governance messes. These show courts act when provinces drag feet, often for politics.Section 139 lets provinces override to stop collapse, but they wait too long. The Ngwathe case shows Free State’s miss despite years of proof, like the 2021 report naming it one of seven bad ones.
Money Woes and Debt Pile
Ngwathe’s troubles include R1.467 billion to Eskom and R1 billion to Rand Water. Irregular spending hit R332 million, unauthorised R545 million, wasteful R141 million. Unspent grants of R68 million went back while people suffered.The recovery plan must fix this with better collection. The court did not let AfriForum help directly but said stakeholders like national folks, ministers, the President, and AfriForum can join for a real turnaround “where actions speak louder than words” (para 72).
People Power and Next Steps
The ruling boosts fights against bad municipalities. AfriForum’s win with Save Ngwathe shows civil groups can force change. It sets a path for others. The province pays AfriForum’s costs, showing these actions are valid. The province must act: dissolve council, appoint administrator, pass budget, start plan. Reports to court keep check. If Ngwathe goes higher, it costs more. But pressure grows to stop and fix services.
As South Africa deals with many bad locals, this calls for early watch and strong courts to guard rights to good lives. Residents hope for clean water, no sewage spills, and leaders who care.
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