The Ngwathe Local Municipality in the Free State faces imminent dissolution after its final attempt to overturn a High Court order failed this week. The ruling has ignited a fierce political battle, with opposition parties readying for a potential by-election while the incumbent ANC defends its record.
The Free State High Court in Bloemfontein dismissed the municipality’s application for leave to appeal its own landmark June judgment, which declared the council dysfunctional and ordered its dissolution. The court cited a lack of prospects for a successful appeal and ordered the municipality to pay costs.
The original judgment found Ngwathe—which includes the towns of Parys, Vredefort, Heilbron, Koppies, and Edenville—in severe breach of its constitutional obligations. The court detailed a crisis in service delivery, including inconsistent water supply, raw sewage flowing in streets, and dilapidated infrastructure.
Residents expressed profound frustration and relief at the court’s decision. “It feels like we are getting punished more by the day that passes by,” said one resident. “It’s now time that this municipality must leave the offices so that we can bring in new, competent people.”
The situation is described as dire, with reports of water contaminated with red worms and crippling power outages lasting up to five hours daily. The outages pose a life-threatening risk to elderly residents in old age homes who rely on electrically powered oxygen machines. “Once the power goes off they cannot breathe. They are in dire straits,” a resident stated.
The court also implicated the provincial government, finding that it had failed in its constitutional duty to intervene. It has now been ordered to implement a recovery plan to ensure the municipality can eventually meet its obligations.
The opposition Democratic Alliance (DA) welcomed the dismissal, calling it a confirmation of the ANC’s failure. “The ANC must stop wasting resources on legal tricks,” a DA representative said, pledging a commitment to “lawful governance” and accountability.
The Economic Freedom Fighters (EFF) also declared they are ready for a by-election. “As I speak with you now, if you and I were to take a trip… our taps are dry,” an EFF official said, highlighting the ongoing crisis.
In response, the ANC, which holds a majority with 21 seats in the council, argued that many of the municipality’s issues are historical and that significant strides have been made. The party claims a “serious turnaround” is underway, with all senior management vacancies filled and progress in service delivery. It accused opposition parties of seeking to exploit the situation for political gain.
A political analyst noted the judgment’s far-reaching implications, suggesting it sets a powerful precedent for holding municipalities accountable through the courts. The requirement for the municipality to report back to the court every three months was cited as a particularly significant measure of oversight.
The Free State Department of Cooperative Governance stated it is studying the judgment and will announce a way forward in due course. Following the dismissal of the appeal, the dissolution process is expected to move forward, triggering a mandatory by-election within 90 days to form a new council.