Ngwathe
Ngwathe to weigh options after appeal bid rejected by Free State High Court. The Ngwathe Local Municipality says it will study the recent court outcome and decide on the next steps after its application for leave to appeal was dismissed. This follows the Bloemfontein High Court’s ruling on 19 August 2025, where Judge Johannes Daffue turned down the bid, confirming the earlier order for provincial intervention and council dissolution due to years of service delivery failures and financial woes. Insiders suggest the municipality may head to the Supreme Court of Appeal, believing the process was mishandled, while community groups celebrate the decision as a win for residents.
Court Dismisses Appeal, Upholds Provincial Takeover
The Free State High Court in Bloemfontein has put a firm stop to the Ngwathe Local Municipality’s efforts to fight a June ruling that exposed its deep troubles. On 19 August 2025, Judge Daffue dismissed the application for leave to appeal, saying there were no good chances of success or strong reasons to allow it. This means the original order stands: the municipal council must dissolve, and the Free State provincial government must step in under section 139 of the Constitution to fix the mess.
The municipality’s spokesperson, Steve Naale, shared a statement from Executive Mayor Victoria De Beer-Mthombeni. She said the municipality respects the court but will look closely at the judgement before deciding what to do next. “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 release noted.
Talk from inside sources hints that Ngwathe plans to take the fight to the Supreme Court of Appeal in Bloemfontein. They feel the appeal was not handled right and want a higher court to check it. This comes after the municipality rushed to appeal the June decision just days after it came out, filing papers on 24 June 2025. But some groups, like the African Congress for Transformation, earlier questioned if that appeal had proper council backing, calling it a waste of public money.
The court heard the appeal bid on 12 August 2025 and gave its decision a week later. Judge Daffue pointed out that other parties, like the provincial and national respondents, did not join the appeal. He said this shows they accept the original ruling and are ready to follow it. The judge recalled strong words from the Deputy Minister of Cooperative Governance and Traditional Affairs about the need to act on failing municipalities.
Costs went against the municipality, including fees for AfriForum’s senior and junior lawyers on higher scales. This adds to the financial strain on a municipality already deep in debt.
Background to the Crisis in Ngwathe
Ngwathe Local Municipality sits in the Fezile Dabi District and covers towns like Parys, Tumahole, Heilbron, Koppies, Vredefort and Edenville. For years, people there have dealt with big problems: no steady water, raw sewage in streets, broken roads and pipes, and bad money handling. The municipality owes over R2 billion to Eskom and R1 billion to Rand Water, with debts growing fast.
In 2022, the Constitutional Court stopped Eskom from cutting power without talking to residents first, showing how the municipality’s failures hurt everyday people. Folks pay for electricity through prepaid meters, but the municipality does not pass the cash on, leaving them in the dark anyway.
The 2023 Blue Drop Report gave water quality a low score of 11%, and the Green Drop for wastewater was just 10%. Sewage spills into the Vaal River, making health risks for everyone downstream. Leadership has been shaky too, with many municipal managers coming and going since 2022, and key jobs like chief financial officer empty.
The Provincial Treasury threw out the 2025/26 budget draft of R2.099 billion because it dreamed of collecting 100% of rates, which never happens. Real collection is way below norms, leading to more unauthorised spending – R545 million in one year alone – and irregular costs at R332 million.
These issues broke constitutional rules under sections 152(1) and 153(a), which say municipalities must give lasting services, manage well, and put people first.
The Original Ruling and AfriForum’s Role
The trouble led AfriForum, backed by groups like Save Ngwathe and Mooi Parys, to take the municipality to court. On 20 June 2025, Judge Daffue ruled in AfriForum NPC v Ngwathe Local Municipality and 14 Others that the municipality was dysfunctional. He ordered dissolution of the council and forced the province to step in under sections 139(4) and (5).
This means issuing orders, taking over jobs, or putting in an administrator. The court said the province, including the MEC for Cooperative Governance and Traditional Affairs, did nothing despite clear signs from the 2021 State of Local Government Report that named Ngwathe as one of seven bad cases in the Free State.
AfriForum called the appeal dismissal a big win. Corné Cronjé, their Manager of Community Structures, said it protects residents’ rights to water, rubbish removal 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, welcomed it but wants community input in fixes. “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.”
The structural interdict means the province must dissolve the council, appoint an administrator, pass a temporary budget, and start a recovery plan. They report back to court every three months under oath. This keeps watch on progress.
Reactions from Political Groups and Analysts
The African Congress for Transformation cheered the dismissal. Rev. Mohau Khumalo said it is a win for people who suffered under a municipality that forgot its job. “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,” he stated.
He called for quick action from the province, not just ticking boxes, and wants communities in the solution. “Power is with the people. Power is with the community. Power is with the truth.”
The Democratic Alliance said the original ruling was long overdue. Councillor Carina Serfontein pointed to years of bad services in places like Parys and Edenville.
ActionSA’s Free State Chairperson Patricia Kopane called the June judgement a landmark. She listed financial chaos like R545 million unauthorised spending and no water for five years in some spots.
Political analyst Professor Sethulego Matebesi said the ruling could set a big example if not challenged. It might change how courts handle failing municipalities, especially with reports every three months. He noted it could embarrass the ANC ahead of 2026 local elections, as it admits governance flops.
Similar Cases and Wider Impact
This fits a pattern of courts stepping in. In 2020, Makana Local Municipality in the Eastern Cape got ordered to dissolve its council for the same reasons. In 2025, Matjhabeng in the Free State went under administration for money messes and bad governance.
These show courts will act when provinces drag feet, often for political reasons. Section 139 is meant to stop collapse early, not mop up later.
For provincial-local ties, it questions why provinces wait so long. The Ngwathe case shows Free State’s failure despite years of proof, pushing courts to force accountability. This might encourage more groups to sue when oversight fails, changing cooperative governance.
Financial Woes and Debt Crisis
Ngwathe’s debts show a bigger problem in South Africa. Eskom debt hit R2 billion by 2022, with R1.5 billion still owed after a R69 million break. Rand Water is owed R1 billion too.
Irregular spending rose to R332 million, unauthorised to R545 million, and wasteful to R141 million. Unspent service funds of R68 million went back to Treasury while people suffered.
The recovery plan must fix this with better revenue collection and spending. The court did not let AfriForum help directly but said stakeholders like national government, ministers, the President and AfriForum can assist for a full turnaround “where actions speak louder than words”.
Community Power and Future Hopes
This ruling boosts community fights against bad municipalities. AfriForum’s win, with Save Ngwathe, shows civil groups can make change. Schalk Burger, AfriForum’s Parys branch chair, called it a “sweet victory” after long struggles.
The province must pay AfriForum’s costs, showing these actions are valid. It sets a path for others facing like issues.
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