Magashule’s Party
The African Congress for Transformation led by its president general Ace Magashule said Ngwathe leadership is wasting public resources on failed appeal. 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. According to insiders, Ngwathe municipality is planning to take the matter to the supreme court of appeals as they believe the appeal was not done correctly.
ACT Leader Ace Magashule Condemns Municipality’s Costly Legal Battle
Ace Magashule, president of the African Congress for Transformation, has come out strong against the Ngwathe Local Municipality’s choice to fight a court order that calls for its council to dissolve. Through his party, Magashule pointed fingers at the leadership for throwing away public money on a lost cause. This follows the Free State High Court’s decision on 19 August 2025 to throw out the municipality’s bid for leave to appeal an earlier ruling from 20 June 2025. That June judgement found Ngwathe dysfunctional and ordered the Free State province to step in under section 139 of the Constitution.
The ACT’s spokesperson, Rev. Mohau Khumalo, did not hold back in a statement. He called the appeal a shameful waste that slaps residents in the face. “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 said. He added that the move shows leadership has lost all moral ground and serves itself, not the people.
This is not the first time ACT has gone after Ngwathe over this. Back in June 2025, right after the municipality filed its appeal on 24 June, ACT took them to court. They argued the appeal lacked proper council okay and would just burn more cash in a broke municipality. ACT wanted the court to stop the appeal and make Ngwathe follow the dissolution order straight away. That June legal move aimed to save public funds and speed up help for suffering residents.
Magashule, a former Free State premier, has often spoken on bad governance in his old province. As ACT leader, he uses these cases to push his party’s message of change and accountability. The party sees the court’s dismissal as a big win for ordinary folks. “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,” Khumalo stated.
Court Dismisses Appeal, Locks in Provincial Takeover
Judge Johannes Daffue handed down the ruling on 19 August 2025, after hearing arguments on 12 August. He said there were no good odds of success on appeal and no strong reasons to let it go ahead. The original June order stands: declare Ngwathe broken on its duties under sections 152(1) and 153(a) of the Constitution, dissolve the council, and force the province to act under sections 139(4) and (5).
The judge noted that provincial and national parties did not join the appeal, showing they accept the facts and are ready to follow through. He recalled tough 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.
Ngwathe’s mayor, ClIr Victoria De Beer-Mthombeni, said in a release 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,” the statement read. Insiders say they might go to the Supreme Court of Appeal, thinking the process went wrong.
Ngwathe’s Long-Running Crisis Exposed
Ngwathe, in Fezile Dabi District, covers towns like Parys, Tumahole, Heilbron, Koppies, Vredefort, and Edenville. For years, folks there have put up with no water, sewage in streets, broken roads, and money messes. The municipality owes over R2 billion to Eskom and R1 billion to Rand Water, with debts climbing. In 2022, the Constitutional Court stopped Eskom from cutting power without asking residents, showing how failures hit hard.
The 2023 Blue Drop Report scored water at 11%, and Green Drop for wastewater at 10%. Sewage spills into the Vaal River, risking health downstream. Leaders change often – many managers since 2022, key spots like chief financial officer empty. The 2025/26 budget draft of R2.099 billion got rejected for dreaming of 100% collection rates.
The court said this breaks the Constitution’s call for good services and management. Judge Daffue slammed the province for not acting sooner, despite a 2021 report naming Ngwathe one of seven bad cases in Free State.
AfriForum and Community Groups Celebrate Win
AfriForum, who brought the case with help from Save Ngwathe and Mooi Parys, hailed the appeal flop as a big step. Corné Cronjé, AfriForum’s Manager of Community Structures, said it protects rights to water, rubbish pickup, and clear finances. “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 explained.
Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, 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.”
Other groups joined in. The Democratic Alliance called the June ruling long overdue, pointing to bad services in Parys and Edenville. ActionSA’s Patricia Kopane saw it as a landmark, noting R545 million unauthorised spending.
ACT’s Strong Stance and Magashule’s Role
Under Ace Magashule, ACT has led the charge against Ngwathe’s moves. Their June court bid to block the appeal called it irregular and a waste, saying it lacked council nod and would deepen debt. Now, with the appeal dead, ACT sees it as proof of bad leadership. Khumalo said the appeal was “a slap in the face of every resident who has gone without clean water, proper refuse removal, and the dignity of reliable service delivery.”
Magashule, expelled from the ANC in 2023 over corruption claims he denies, founded ACT in 2023. The party pushes anti-corruption and better governance, drawing from his Free State past. ACT’s actions here fit their fight against waste and for people power. “Power is with the people. Power is with the community. Power is with the truth,” Khumalo ended.
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