The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

AfriForum’s urgent application to have a court ruling in its service delivery case against the Ngwathe Local Municipality implemented pending the municipality’s appeal against it was removed from the urgent court roll this week due to its scope. The case will now be heard later so that the judge in this case can be given enough time to study the extensive documents in this case, which was already started in 2024.

This decision comes after AfriForum clinched a decisive victory on 20 June this year in the Bloemfontein High Court, where Judge J.P. Daffue found that Ngwathe was not fulfilling his constitutional, legal and administrative obligations towards the residents of Parys, Heilbron, Koppies and Vredefort, among others. He therefore ordered, as part of a structured interdict, that the municipal council be dissolved and that the Free State provincial government must immediately intervene. The municipality’s application for leave to appeal was also dismissed on 19 August. However, the municipality has since turned to the Supreme Court of Appeal.

AfriForum has therefore brought an urgent application in terms of Section 18(3) of the Superior Courts Act 10 of 2013 to request that Judge Daffue’s court order be implemented in the meantime. AfriForum’s legal team will now have the application placed on the roll again. Although the application will no longer be done on an urgent basis, AfriForum hopes that the application will still be heard this year.

If this application succeeds, it will ensure that the necessary intervention that the residents of the Ngwathe Municipality crave and are eligible for can be implemented regardless of the appeal application process at the Supreme Court of Appeal – a process that could take several years to complete.

According to Alta Pretorius, AfriForum’s District Coordinator for the Mooi River, AfriForum and its legal team are optimistic that a favourable ruling will follow in its Section 18(3) application. “The decision not to hear the matter on an urgent basis shows that Judge Sharon Chesiwe considers the seriousness, scope and impact of this case significant enough to investigate it in depth. This is by no means a victory for the Ngwathe Municipality, as it is now trying to portray it in the media. Their misinterpretation of the court’s decision indicates an ignorance of the legal process. The municipality is in for a surprise if they think the case is over,” explains Pretorius.

Pretorius further highlights that the municipality mistakenly believes that AfriForum is attempting to “force an immediate takeover” of the municipality through the Section 18(3) application process. “The application makes it clear that AfriForum now wants to have the judgment that was already delivered in court in June this year regarding the implementation of Section 139 of the Constitution enforced in terms of Section 18(3) of the Superior Courts Act. The judgment made in June makes it clear that the Free State provincial government must intervene, and this is what AfriForum is now demanding,” emphasises Pretorius.

“Despite the municipality’s claims that service delivery here is now running smoothly, residents are still suffering. There are still residents who must live without water and power on a daily basis, and the municipality does not even have the equipment to fulfil certain critical functions. The prestigious sporting event in Parys this weekend, the Parys Crater Street Mile, has once again brought to light the municipality’s serious shortcomings. The municipality did not have the tar or equipment to repair potholes on this route; AfriForum provided it. In an attempt to cling to power here in its own interest, the municipality is also wasting thousands of rand on its appeal process, while these funds could much rather be spent on improving service delivery here,” according to Pretorius.

Schalk Burger, Chairperson of AfriForum's Parys branch, says it is a disappointment for AfriForum and the community that the court proceedings are being dragged out, while there is still no significant improvement in the town. According to Burger, critical aspects such as water and electricity are still in a terrible state. Furthermore, the municipality is still not communicating with the community about the true state of affairs in the town, and there is no cooperation with community organisations.

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 become involved with AfriForum’s Parys branch.

Issued by AfriForum