Afriforum Vs Ngwathe
By Thabo Mosia
Bloemfontein – AfriForum is facing sharp criticism for what many see as a bold move to undermine the judiciary in its legal clash with Ngwathe Local Municipality. In a letter dated 6 October 2025, lawyers from Hurter Spies Incorporated, acting for AfriForum NPC, asked Deputy Judge President N M Mbhele to hand the case over to Justice Johannes Daffue. This judge had already ruled in AfriForum’s favour back in June, and there are whispers that he might have ties to the group. Critics say this is a clear case of trying to pick a judge who suits their agenda, putting fairness at risk in a fight over service delivery that hits hard in poor communities.
The letter points out Justice Daffue’s deep knowledge of the case, with its massive 1 400-page main record and 493-page Section 18(3) application. But Ngwathe supporters argue this request crosses a line, especially when the municipality is working hard to fix deep-rooted problems like water shortages and sewage spills. Instead of helping build solutions, AfriForum seems focused on pushing their own views, ignoring the real struggles of everyday people in towns like Parys and Vredefort.
Here’s the letter⬇️
The Roots of the Conflict: Ngwathe’s Ongoing Struggles
This legal battle started with AfriForum NPC taking Ngwathe Local Municipality and 14 others to court under case number 2264/2024. AfriForum claimed the municipality was failing its duties under the Constitution, pointing to raw sewage in streets, unreliable water, and huge debts. On 20 June 2025, Justice Daffue agreed in part, calling Ngwathe dysfunctional and ordering the Free State provincial government to step in under Section 139. This meant dissolving the council, appointing an administrator, and starting a recovery plan to sort out finances and services.
Ngwathe’s debt to Eskom alone tops R2 billion, built up from unpaid bills and interest. The judgment highlighted fake claims about clean water and leadership issues, but Ngwathe says these problems come from bigger challenges like underfunding, poverty, and old systems from apartheid times. They argue the court went too far without giving them time to improve on their own.
Since then, Ngwathe has shown signs of turning things around. Their 2025/26 Integrated Development Plan focuses on attracting private investment to boost the local economy and fix services. The Service Delivery and Budget Implementation Plan for 2024-25 sets clear targets for better water, sanitation, and roads. Municipal updates talk about re-opening facilities and checking service points, showing a push for real change despite the odds.
Appeal Process and the Push for Urgent Action
Ngwathe did not give up after the June ruling. They applied for leave to appeal, but Justice Daffue turned it down on 19 August 2025, saying there were no good grounds. Not backing down, the municipality and provincial government took it to the Supreme Court of Appeal on 25 August 2025. This move paused the High Court’s order, stopping any dissolution or takeover until the appeal ends – a process that could take over a year.
AfriForum, unhappy with the delay, filed an urgent Section 18(3) application under the Superior Courts Act to make the original order kick in right away. They say waiting causes big harm to residents. The matter is set for 22 October 2025 on the urgent roll, with answering papers from Ngwathe on 1 October and AfriForum’s reply on 8 October. Heads of argument are coming soon.
Ngwathe stands firm, saying they are already negotiating with Eskom on debts and using grants for upgrades. They have written off some interest and are tackling under-spending. Critics like the DA called their R2.1 billion 2025/26 budget irresponsible, but Ngwathe points to progress in fixing leaks and improving billing to break the debt cycle.
Claims of Judge Shopping and Hidden Ties
The big uproar comes from AfriForum’s letter asking for Justice Daffue specifically. They say it saves time since he knows the case well, but many call it “judge shopping” – picking someone seen as friendly. Allegations swirl that Justice Daffue has links to AfriForum, with some calling him “one of their own members.” This raises big worries about bias in a case where a well-funded group takes on a municipality serving mostly poor, black communities.
Such requests go against how courts work, where judges are assigned fairly to avoid any hint of influence. Ngwathe backers say this shows AfriForum’s arrogance, using courts to bully rather than support. Instead of joining hands for better services, they push lawsuits that drain resources needed for fixes.
Leadership Bringing Hope: Dr Futhuli Mothamaha’s Role
At the heart of Ngwathe’s fightback is Municipal Manager Dr Futhuli Mothamaha. With his PhD and focus on stability, he has led efforts to cut costs, build internal skills, and push service delivery. He has driven checks on water plants, re-opened offices for easier access, and confirmed big projects like the Parys Mega Development to create jobs and improve infrastructure.
Dr Mothamaha stresses working with stakeholders to get people paying bills, which helps fund repairs. His team has tackled unauthorized access to plants and boosted revenue collection. These steps show Ngwathe is serious about change, countering claims of total failure.
Community Voices: Ngwathe Citizens Forum Speaks Out
The Ngwathe Citizens Forum has come out strong against AfriForum, calling them selfish outsiders with no real interest in our daily lives. “This is not about service delivery for them – it’s pure politics,” says the forum in a recent statement. They accuse AfriForum of stirring trouble to push their own agenda, ignoring how hard our communities have worked to support the municipality through tough times. “AfriForum acts like they care, but they only show up with lawsuits that cost us money we could use for water pipes and roads.”
The forum stands fully behind Municipal Manager Dr Futhuli Mothamaha and Executive Mayor Victoria De Beer-Mthombeni, praising how they have brought calm and focus since taking charge. “ Ngwathe leadership both in administration and political has prioritised real fixes, like checking our water systems and planning big developments that create jobs,” they add. Their leadership has cut waste, trained staff, and got services moving again, proving Ngwathe can stand on its own without outside meddling. “We won’t let selfish groups like AfriForum derail our progress – we support our leaders who live and work here every day.”
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