Decisive win for AfriForum in Ngwathe case: Court rules order must be implemented immediately
Soundbite: Alta Pretorius (English)
Soundbite: Alta Pretorius (Afrikaans)
AfriForum has just won a major victory in a long-drawn-out court case regarding poor service delivery in the Ngwathe Local Municipality. The civil rights organisation’s Section 18(3) application, which was heard in the Free State High Court in Bloemfontein earlier this month, was granted in terms of the judgment delivered electronically by Judge M. Opperman today. This determines that the court order that was delivered in AfriForum’s favour on 20 June of last year must be implemented immediately, despite the municipality’s application for leave to appeal to the Constitutional Court.
In June 2025 the court ordered that Ngwathe’s Municipal Council be dissolved and the provincial government intervene with the municipality. Since then, the municipality’s application for leave to appeal in this matter was dismissed in August 2025. The municipality then appealed to the Supreme Court of Appeal, but their appeal there was also dismissed in October 2025. In this judgment, the court ruled that there was “no reasonable prospect of success in an appeal and no other compelling reason why an appeal should be heard”. In the meantime, the municipality has indicated that it will appeal the judgment in the Constitutional Court.
In terms of Judge J.P. Daffue’s June 2025 court judgment, the Free State Premier, the province’s Executive Council and the other relevant respondents in the case must, within the framework of section 139(5)(a) and (b) of the Constitution:
- implement a recovery plan to restore service delivery in the municipality 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;
- report to the court under oath every three months on the progress made in the management of the municipality; and
- approve a temporary budget, revenue-generating measures or any other measures that will give effect to the recovery plan.
Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, is delighted with today’s decisive victory. “It is crucial for the municipality to acknowledge that, for the benefit of all residents, they must now dedicate themselves to assisting competent staff in resolving the long-standing service delivery crisis here. In the past month, residents have once again been burdened by unprecedented power and water outages, but this order finally offers the space to bring real relief to residents who are suffering due to this crisis,” explains Pretorius.
Schalk Burger, Chairperson of AfriForum’s Parys branch, thanks the public for their support and trust in AfriForum to successfully tackle this case: “Justice has now been served in this case. It was a long and drawn-out process, but we hope that we will now be able to walk a path of recovery together with Parys and the other towns in the municipality through cooperation agreements with the municipality and with the help of dedicated experts.”



