Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

AfriForum prevails in Ngwathe court battle: Court orders provincial intervention and municipal council dissolution

Soundbite: Alta Pretorius (English)

Soundbite: Alta Pretorius (Afrikaans)

AfriForum today won a decisive victory in the Free State High Court in Bloemfontein. A verdict was delivered in favour of AfriForum and in the interests of the residents of the Ngwathe Local Municipality. Judge J.P. Daffue found that Ngwathe is not fulfilling its constitutional, legislative and regulatory obligations towards the residents of Parys, Heilbron, Koppies and Vredefort, among others, and therefore ordered as part of a structural interdict that the municipal council must be dissolved and that the Free State provincial government must immediately intervene in the municipality’s affairs.

In his judgment, Daffue stressed, among other things, that the municipality and its council are dysfunctional and that provincial government departments, and the MEC for Cooperative Governance and Traditional Affairs (CoGTA) in particular, have failed to intervene in the affairs of the municipality in accordance with the Constitution. He also pointed out that he deems this a “suitable case where the court should play the role of a watchdog”.

In terms of Daffue’s ruling, the Premier of the Free State, the province’s Executive Council and the other relevant respondents are directed to (within the framework of Section 139(5)(a) and (b) of the Constitution):

implement a recovery plan to restore service delivery 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; and
approve a temporary budget, revenue-raising measures or any other measures that will give effect to the recovery plan.

The court also ordered that the Premier, as well as the Executive Council and the MECs for CoGTA, Finance and Economic, Small Business Development, Tourism and Environmental Affairs to report to the court, under oath and in writing, every three months on the progress in the implementation of the order.

Daffue also ordered the Ngwathe Municipality, along with eight other respondents in the case, including the Premier, to pay AfriForum’s legal costs.

Alta Pretorius, AfriForum’s District Coordinator for the Mooi River region, described the ruling as a huge victory for residents who have been the victims of poor service delivery for years due to unprecedented decay and incompetence in this municipality. According to AfriForum’s court documents, residents of Ngwathe are suffering from, among other things, serious water shortages and pollution, a sanitation crisis with raw sewage flowing freely in the streets and dilapidated infrastructure, while managerial problems as well as financial problems and mismanagement amounting to millions of rands, also characterise this municipality.

“AfriForum intervened on behalf of residents when the local and provincial governments failed to meet their constitutional obligations. This ruling not only brings justice but also provides the legal grounds for effective action. The government no longer has a choice – they must intervene,” says Pretorius. “AfriForum will monitor this process closely. The residents of Ngwathe deserve a liveable environment, not a political grave.”

According to Schalk Burger, Chairperson of AfriForum’s Parys branch, Parys’ residents are delighted with the ruling. “It was a long struggle to get here, but now the victory is sweet. We are very grateful for the support of Save Ngwathe and the town’s residents, who have always helped us with our investigations. AfriForum may not be in the spotlight in Parys every day, but we have worked very hard behind the scenes to get to this day.”

Corné Cronjé, Head of Structures at AfriForum, says AfriForum is very grateful for the ruling. “This victory is in the interest of the people of Parys and the surrounding towns in the Ngwathe Municipality who have not been provided with the most basic services, such as clean water and electricity, for several years. We believe and hope that this recovery plan that the provincial government must now put in place will make a real difference and that competent contractors will now be appointed,” says Cronjé.

In conclusion, Pretorius thanked the municipality’s residents and the organisation Save Ngwathe for taking on the fight with AfriForum, fighting to the end and for providing AfriForum with valuable information in tackling this case.

AfriForum urges the community to remain involved, report injustice and cooperate in rebuilding accountable local governments. The court ruling is a milestone in AfriForum’s broader campaign against local government decline in the country.

Burger encourages residents to join AfriForum, ensuring that this civil rights organisation can continue to grow and thrive in Parys. To join AfriForum’s Parys branch, contact Burger (082 653 4281) for more information.