The High Court in Bloemfontein (Photo: Anja van der Merwe, Maroela Media)
The Ngwathe municipality’s days of dragging its feet with poor service delivery are numbered after the civil rights organization AfriForum won a huge victory in the Free State High Court in Bloemfontein on Monday.
Judge Mareena Opperman ruled in an electronic ruling that the court order, which was already granted on 20 June last year in favor of AfriForum, must be implemented immediately.
This decision follows an article 18(3) application by AfriForum which ensures that the order cannot be postponed any longer due to the municipality’s continued legal battle.
The road to this victory was long and with numerous legal obstacles. The court already ordered in June that the Ngwathe municipal council must be dissolved and that the provincial government must intervene to stop the decay. The municipality includes Parys, Vredefort, Heilbron, Koppies and Edenville.
The municipality nevertheless fought back vehemently. His application for leave to appeal was rejected in August, after which the municipality approached the highest court of appeal.
However, in October the Court of Appeal also rejected the municipality’s request. The court was unwavering in its decision and found that there is “no reasonable prospect of success in an appeal and no other convincing reason why an appeal should be heard”.
(File photo: ActionSA)
Nevertheless, the municipality has indicated that it wants to take the case to the Constitutional Court, but the latest ruling means that the municipality can no longer delay the execution of the order while it follows this legal process.
Pursuant to the original judgment of judge JP Daffue, the Free State prime minister, the provincial executive council and other respondents must now act urgently within the framework of section 139 of the Constitution. This means that a recovery plan must be implemented to restore service delivery and ensure that the municipality fulfills its financial obligations.
Furthermore, the municipal council must be dissolved and an administrator appointed until a new council can be elected. The provincial government must report to the court under oath every three months on the progress, including the approval of a temporary budget and revenue-generating measures to carry out the recovery plan.
Alta Pretorius, AfriForum’s district coordinator for the Mooirivier area, says the verdict offers light at the end of the tunnel for residents who have been suffering from the municipality’s incompetence for years.
“It is time for the municipality to realize that it will now have to put its hand to the plow and also make room for competent staff to resolve the service delivery crisis that has been going on here for years now in the interest of all residents.
“Over the past month, residents have again suffered from unprecedented power and water interruptions, but this order now finally offers the opportunity to bring real relief to residents who are suffering,” says Pretorius.
Schalk Burger, chairman of AfriForum’s Parys branch, thanked the public for their support during the long court process. He is optimistic about the road ahead.
“Justice has now been done in this matter. It was a long and protracted process, but we hope that now through collaboration agreements with the municipality and with the help of dedicated experts, we will be able to walk a path of recovery together with Parys and the other towns in the municipality,” says Burger.
AfriForum appealed to the community to remain actively involved and report injustice in order to hold local governments accountable.