Staff Reporter
Parys – The Bloemfontein High Court judgment in the matter between AfriForum NPC and the Ngwathe Local Municipality has effectively driven the final nail into the municipality’s prolonged legal battle, pending a possible appeal to the Constitutional Court of South Africa.
Judge Opperman handed down the ruling on Friday, 20 February 2026, giving the municipal council 21 days to approach the apex court.
Should it fail to do so, the judgment will take effect.
This follows an earlier setback after the Supreme Court of Appeal of South Africa dismissed the council’s appeal.
The application before the courts centred on what AfriForum described as systematic failures by the municipality — including the inability to provide clean water, recurring sewage spillages, financial insolvency and what was termed manifestly deficient governance.
In June last year, Judge Daffue delivered the first significant blow against the municipality. Attention now turns to Velinkosi Hlabisa, Minister of Cooperative Governance and Traditional Affairs, amid mounting calls for the council to be disbanded and the municipality placed under administration.
At the time of the earlier ruling, AfriForum district coordinator Alta Pretorius criticised the municipality’s continued legal challenges.
“This step is clear proof that the Municipality has no feeling for the communities it is supposed to serve.
Instead of spending time, money and energy on water and sewerage services and maintaining and upgrading infrastructure, Ngwathe chooses to waste taxpayers’ money on court processes that are solely aimed at buying time,” said Pretorius.
In an exclusive interview, AfriForum Parys chairperson Schalk Burger, joined by Pretorius, detailed the organisation’s legal journey and the challenges faced in holding the municipality accountable.
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But where did it all begin? Burger explain.
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With regard to the way forward, Burger said they want the process of appointing an administrator finalised as soon as possible should the ruling stand.
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Both Burger and Pretorius urged Ngwathe residents to vote wisely in the upcoming elections.
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Pretorius further clarified AfriForum’s mandate, stating that the organisation advocates for community-driven accountability and that joining is a straightforward process.
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Ngwathe Local Municipality through Rampai Attorneys have appealed the judgment.
We have been invited to go see the state of the municipality for ourselves and the invite is accepted.
Free State MEC for COGTA and Human Settlements, Saki Mokoena, had not responded to questions at the time of publication.
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Thembi Nkadimeng is Minister of Human Settlements. Velenkosini Hlabiza is Minister of Cooperative Governance and Traditional Affairs.