On Tuesday, 02 June 2026, the Constitutional Court has delivered a definitive dismissal of the Ngwathe Local Municipality appeal, cementing the immediate dissolution of the dysfunctional council. While civil groups, labor unions, and opposition parties have overwhelmingly welcomed the ruling, the African National Congress (ANC) in the Fezile Dabi region has yet to respond.
The apex court’s decision officially shuts the door on a prolonged legal battle that the municipality launched in an attempt to overturn earlier high court rulings mandating provincial intervention.
The courts repeatedly found the municipality to be in systemic breach of its constitutional obligations, highlighting catastrophic service delivery failures and unmanageable financial debt.
In May 2024, AfriForum and local civic organizations filed an application with the Bloemfontein high court requesting that Ngwathe be placed under provincial administration due to a service delivery crisis. Residents in towns like Parys, Tumahole, Heilbron, Koppies, Vredefort, and Edenville have dealt with contaminated water, raw sewage spills, and mounting debt.
Previously, Judge J.P. Daffue delivered a judgement on this matter in June 2025, ruling that the municipality was not fulfilling its constitutional, legal and administrative obligations towards the residents of the municipality. The municipality tried to delay the matter by appealing his decision through the Supreme Court of Appeal.
AfriForum celebrated the apex court’s decision, expressing hope that the ruling will put an end to years of severe water shortages, raw sewage spills, and crumbling local infrastructure.
“Today’s Constitutional Court ruling is the final nail in the coffin of a municipality where service delivery has long since ceased. Years of systemic shortcomings in this municipality have led to the delivery of contaminated water, repeated sewage spills, financial insolvency and poor management. The court has made it clear on several occasions that urgent and decisive remediation is essential. After years of opposition and a legal battle that lasted more than a year, the Ngwathe Municipality must now finally give up the fight and make way for the recovery of Parys and other towns in this municipality,” said Alta Pretorius, AfriForum’s Regional Coordinator for the Mooi River district.
Pretorius said that the urgent restoration of the municipality is in the interest of the residents.
“I hope the Municipality will now admit defeat and allow competent people to take over. I also hope that the province will do what the court orders them to do. The residents of Ngwathe cannot take any more blows. They deserve a competent municipality that can deliver services.”
Chairperson of AfriForum’s Parys branch, Schalk Burger thanked the residents of the municipality for their trust in AfriForum to see this fight through.
“It was a years-long struggle to get here, and we have braved serious opposition in the process. The residents of Parys, Vredefort and Koppies, among others, have paid the heavy price of poor service delivery and experienced it every day. But now the victory is even sweeter knowing that we can finally close this chapter and, as a community, can start rebuilding our towns together. Today, justice has truly triumphed,” said Burger.
The provincial Department of Cooperative Governance and Traditional Affairs (CoGTA) is mandated to dissolve the council and appoint an administrator to stabilize municipal finances and service delivery.
Fezile Dabi Civic Movement President, April Motaung unequivocally welcomed the decision, stating the ruling marks the definitive end of the municipality’s evasion of constitutional accountability under Section 139.
“By dismissing the application, the Constitutional Court has fully reinforced and vindicated the previous orders of both the Free State High Court and the Supreme Court of Appeal.
This completely solidifies the judicial mandate to dissolve the dysfunctional Ngwathe Municipal Council and initiate urgent provincial intervention under Section 139 of the Constitution” said Motaung.
Meanwhile, Democratic Alliance (DA) welcomed the conclusion of the long-standing litigation, condemning the previous administration for “political manoeuvring” and wasting funds. The DA demanded that the focus immediately shift to implementation and restoring basic services like water and electricity in towns like Parys, Vredefort, and Heilbron.
“This outcome is not a victory for any political party or organisation. It is a victory for the people of Ngwathe and for constitutional accountability.”
“We call on the Free State Provincial Government to ensure that the administration process is implemented effectively and transparently, with a clear focus on restoring basic services, stabilising municipal finances and rebuilding public trust.
“For years, residents have paid the price for municipal failure. Today marks an important step towards rebuilding a municipality that serves its people,” said DA Mayoral Candidate for Ngwathe Local Municipality Carina Serfontein.
South African Municipal Workers’ Union (SAMWU) hailed the dissolution of the council as a vital step toward protecting residents and stabilizing local governance following the council’s persistent failure to deliver services.
