Ngwathe Municipality to be placed under provincial intervention

AfriForum’s section 18(3) application, which was heard in the Free State High Court in Bloemfontein earlier this month, was granted in terms of judgment delivered electronically by Judge M Opperman yesterday.

In June 2025, the court ordered the Ngwathe Municipality Council to be dissolved and the provincial government to intervene in the municipality.

According to Parys Gazette, in terms of Judge JP Daffue’s June 2025 ruling, 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 it 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 progress made in the management of the municipality; and
• approve a temporary budget, revenue-generating measures or any other steps that will give effect to the recovery plan.

Since then, the municipality’s application for leave to appeal was dismissed in August 2025. It then appealed to the Supreme Court of Appeal, but that appeal was also dismissed in October 2025. The municipality has since indicated that it will appeal the judgment in the Constitutional Court.

Municipality responds to judgment

Ngwathe’s executive mayor, in response to the judgment handed down by the Free State Division of the High Court in the matter between Afriforum NPC v Ngwathe Local Municipality and Others (Case no: 2264/2024), said the municipality notes the ruling.

She said it is important to reassure residents and ratepayers that the municipality remains stable and functional. “Despite the legal processes, the administration continues to operate, and the business of service delivery proceeds without interruption. The municipality is not in a state of crisis. Our technical teams and administrative personnel remain dedicated to their duties, ensuring that essential services including water supply, sanitation, and electricity are provided to the best of our current ability and within our available resources,” she said.

The mayor added that the municipality acknowledges the order granted by the court and said that the judgment is comprehensive, and that the municipality will study it in detail to fully understand its legal implications and the reasoning of the court. “Only once this thorough internal review has been concluded will we be in a position to determine the next appropriate steps, in consultation with our legal representatives.”

She assured the community that their primary focus remains on the well-being of residents. “We are acutely aware of our constitutional mandate to provide basic services, and we remain fully committed to fulfilling that mandate.

“While legal proceedings have been ongoing, we have consistently worked to maintain services. We will continue to do so. We are committed to cooperating with all relevant stakeholders, including the provincial government, to ensure that the governance of the municipality is strengthened and that the concerns raised by the communities are addressed,” the mayor concluded.

The municipality urged residents to remain calm and allow the legal and governance processes to run their course, adding that it will communicate further once the judgment has been fully processed and a clear path forward determined.

It also thanked the community for their patience and continued support as ‘we navigate these complex matters. Our doors remain open, and we encourage constructive engagement with all our communities as we work together to build a better Ngwathe’.

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