AfriForum requests clarity on unserviced land allocations in Parys

AfriForum submitted a formal objection to the municipal manager and the mayor of the Ngwathe Local Municipality on 23 July following the recent allocation of unserviced land in Tumahole Extension 7 and Schonkenville Extension 8 in Parys.

Although AfriForum acknowledges the necessity of land redistribution, it is concerning that the land in question was allocated to residents without any basic municipal services, which is contrary to both constitutional obligations and the Municipality’s own planning frameworks.

AfriForum has identified several problems, including that land was allocated without complying with the Spatial Planning and Land Use Management Act, rightful zoning or legal certificates; that the areas lie outside the priority development zones, as established in the spatial development framework; and that there is no evidence of public participation or environmental impact assessments.

Furthermore, basic infrastructure such as clean drinking water, functioning sewage systems, electricity supply and access or stormwater roads is lacking. The Parys waterworks and sewage plants are currently not functioning as intended, posing serious health and environmental risks.

“The right to housing in a safe and decent environment, as guaranteed in Section 26 of the Constitution, is clearly being violated. The mayor’s statement that residents must first build before the Municipality will look at service delivery is legally ill-considered and conflicts with national planning legislation,” says Alta Pretorius, AfriForum’s District Coordinator for the Mooi River.

AfriForum has made an official request in terms of the Promotion of Access to Information Act (PAIA) to the Municipality to submit various documents and plans by 15 August, including planning and zoning documents; infrastructure rollout schedules and contracts; environmental and engineering reports; records of public participation; and water rehabilitation plans and emergency interventions.

Should the Municipality not comply with AfriForum’s request by the deadline, the organisation will escalate the matter to the Free State Department of Human Settlements, the Department of Water and Sanitation, the Public Protector and the South African Human Rights Commission.

“AfriForum will continue to apply pressure until these land allocations are made in a legal and sustainable manner, in the interests of all residents of Parys,” concludes Pretorius.

According to Schalk Burger, AfriForum’s branch Chairperson in Parys, the Ngwathe Municipality cannot consider new development until the waterworks, sewerage works and power network are repaired and also upgraded. “These services cannot be provided now, let alone if there is an additional expansion,” concludes Burger.

“The Ngwathe Municipality’s continued allocation of land without any basic infrastructure is a direct violation of the Spatial Planning and Land Use Management Act, which requires proper town planning and services such as water, sanitation and electricity to be available in advance. The fact that the municipality is not fulfilling these constitutional and administrative obligations has already been confirmed by the High Court, which ordered the dissolution of the municipal council. It is unacceptable that land is being allocated while residents are still living without reliable services,” says Corné Cronje, Manager of Community Structures at AfriForum.

Note for editors:

The High Court’s ruling, delivered on 20 June 2025, follows years in which the Ngwathe Local Municipality was responsible for neglect, incompetence and decay that left the residents of Parys, Heilbron, Koppies and Vredefort, among others, without reliable municipal services. The decay was characterised by, among others, serious water shortages, sewage in the streets, dilapidated infrastructure and budgetary problems of millions of rand.

According to the court, the Free State Executive Council must do the following within the framework of Section 139(5)(a) of the Constitution:

• draw up a recovery plan to restore services and meet debt obligations;
• dissolve the Ngwathe Municipal Council and appoint an administrator; and
• report to the court on the progress under oath every three months.

The Ngwathe Municipality’s application for appeal will be virtually heared on 12 August. AfriForum’s legal team served a notice to oppose on 26 June. As part of the application for leave to appeal, the judge must determine whether another court will reach a different decision. If not, the High Court’s decision must be implemented. However, if the municipality’s application for leave to appeal is successful, the order will remain suspended until the application is heard at the Supreme Court of Appeal. In that case, AfriForum will consult its legal team to consider other options.

To join AfriForum’s Parys branch, contact Burger at 082 653 4281.