“Tsek” – Judges Dismiss Mangaung Rubbish Appeal*

Staff Reporter

Bloemfontein – An appeal by Mangaung Metropolitan Municipality against a judgment in favour of Woodlands Estate has been dismissed with costs by three judges of the Free State High Court.

The appeal was lodged against a judgment handed down on 13 December 2023, in which Judge Molotsoane ordered Mangaung Metropolitan Municipality to cease charging refuse removal fees to Woodlands Estate.

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Following that 2023 ruling, Lawrance Mathae, Speaker of Mangaung Metro and SALGA chairperson in the Free State, announced the municipality’s intention to appeal.

“We are appealing this court judgment. We met with officials of the City yesterday and its political leadership as SALGA NEC. If it was not poorly defended, it is possible that the judge erred in his consideration of facts and application of law,” said Mathae.

Mathae further warned that allowing the judgment to stand could have wide-reaching consequences for local government.

“If this judgment is left unchallenged, it could have far-reaching ramifications of unimaginable proportions for the local government sector. It could potentially lead to class actions by unscrupulous body corporates or private developers throughout the country seeking to take over such services. Municipalities, by law, own landfill sites, and their by-laws empower them to manage and regulate their use. It is not a free-for-all environment.”

However, nearly two years later, Judge Phillip Loubser dismissed the appeal application with costs, with Acting Deputy Judge President Mhlambi and Acting Judge De La Rey concurring.

It remains to be seen whether other estates or gated communities will pursue similar legal action.

Mangaung Metropolitan Municipality has been under African National Congress (ANC) governance since the dawn of democracy, yet service delivery in the city continues to deteriorate day-in and day-out.

Even the intervention by National departments failed.

This year, focus will intensify on municipalities, with executive mayors expected to account to residents on what they have achieved—and why their political parties deserve continued support at the ballot box.

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We will visit every Executive Mayor and afford them the platform to tell their successes if any.

So far Ngwathe and Fezile Dabi are mikes ahead.

Anyone willing to work with us shoukd feel free to reach out.

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