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AfriForum’s victory in Ngwathe court battle stands, court rules after municipality’s appeal bid fails

Soundbite: Corné Cronje (English)
Soundbite: Corné Cronje (Afrikaans)

The Ngwathe Local Municipality’s attempt to appeal the 20 June Free State High Court ruling in AfriForum’s favour, which determined that the municipal council should be dissolved and the provincial government should intervene, failed today. This comes after the High Court in Bloemfontein this morning dismissed the application for leave to appeal by the municipality, its Municipal Manager and the Municipal Council. This ruling confirms that Judge J.P. Daffue’s order, which states that the provincial government must step in according to Section 139 of the Constitution, is upheld and that the municipality’s financial and management problems need to be closely monitored.

In his ruling today, Judge Daffue emphasised that he had considered the submissions of counsel but was not convinced that a higher court would reach a different decision. The ruling also confirms that the extent of the municipality’s mismanagement, financial crisis and total inability to provide proper basic services to residents is so serious that the earlier ruling – namely that provincial intervention must take place – is not only legitimate but also necessary.

The municipality, Municipal Manager and Municipal Council’s application was dismissed with costs.

According to Corné Cronjé, AfriForum’s Manager of Community Structures, today’s ruling is an important victory in the interests of the residents of the Ngwathe Municipality who have been suffering for years from the consequences of the municipality’s corruption and decay. “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 explains.

“Today’s events prove that communities are not powerless in the face of mismanagement. This creates an important precedent, namely that communities together with civil society organisations such as AfriForum can hold the state to account and enforce basic service delivery. The court confirmed that provincial and national authorities must intervene when local government fails. For AfriForum and communities nationwide, this is a powerful legal instrument to protect and restore service delivery,” concludes Cronjé.

Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, welcomes today’s outcome, but emphasises that she hopes that the community will now be actively involved in the restoration of the municipality. “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.”

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