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.

Judgment reserved in AfriForum court case on implementation of court order in Ngwathe case

Soundbite: Alta Pretorius (English)

Soundbite: Alta Pretorius (Afrikaans)

Judge Ingrid Opperman has reserved judgment in AfriForum’s Section 18(3) application that was heard in the Free State High Court in Bloemfontein today. With this application, AfriForum seeks to enforce the court order that was issued in the civil rights organisation’s favour on 20 June last year, amid the Ngwathe Local Municipality’s appeal process regarding this order.

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.

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

“While the municipality is busy with pointless appeals that waste residents’ money, the same residents have been burdened with power and water outages again in recent weeks,” says Alta Pretorius, AfriForum’s District Coordinator for the Mooi River. Pretorius is optimistic that Judge Opperman will rule in favour of residents who are suffering bitterly from the municipality’s mismanagement and will now enforce the order.

Schalk Burger, Chairperson of AfriForum’s Parys branch, in turn maintains that the community is hopeful that the province will now, regardless of the court ruling, act firmly and take residents’ rights into account. “All we ask is to have a well-functioning municipality where the necessary services will be delivered to all residents. We would like to join hands with the municipality to improve our towns, but currently our hand is being slapped away,” concludes Burger.

AfriForum calls on the community to stay involved, report injustice and work together to hold local government accountable. Contact Burger at 082 653 4281 to get involved with AfriForum’s Parys branch.