By Nelson “Dieta Motjhapalong” Mokoena
The recent dissolution of the Ngwathe Local Municipality represents not a victory for democratic governance, but a calculated assault on the very foundations of our constitutional democracy. This brazen intervention exposes the machinations of right-wing forces determined to undermine the hard-won mandate of the African National Congress (ANC), the movement that carries the aspirations of the majority. Far from strengthening institutions, this move erodes the democratic gains of our people and paves the way for undemocratic control by those who have never accepted the will of the electorate.
The Council dissolution has already created psychological instability and undermines residents’ confidence in the democratic processes. It sends a chilling message: that the votes of ordinary South Africans, particularly those who placed their trust in the ANC, can be casually set aside through legal technicalities orchestrated by external agitators. As the right-wing AfriForum has used courts to disadvantage the people of Ngwathe Local Municipality who voted ANC into power, we see the true face of this agenda. Clearly this NPC doesn’t have the best interests of our people at heart.
Let me be unequivocal about the record on the ground. Under this current administration, service delivery has improved remarkably with ‘visible’ developments. Residents now enjoy uninterrupted water supply, a stark contrast to previous years of neglect and collapse. The municipality has experienced less service delivery protests, marches, or community unrest — tangible proof that the ANC-led council was steadily restoring stability and addressing the developmental challenges inherited from decades of mismanagement. Even AfriForum itself acknowledged progress in Parys in September 2024. Yet, despite the municipality’s efforts, AfriForum proceeded with its urgent application. The High Court subsequently issued orders to dissolve the elected council, a drastic measure that aimed at collapsing a NOW stable institution.
This is not judicial oversight; it is judicial overreach of the most dangerous kind. The municipality’s grounds for appeal were fundamental to constitutional democracy:
- The court relied on facts not properly proven by AfriForum.
- The judiciary overstepped its bounds by ordering the Provincial Executive to dissolve the council, infringing on separation of powers.
- Municipal autonomy, protected by the Constitution, was ignored.
- Section 139 of the Constitution was misapplied, as it grants dissolution powers to the provincial executive, not the judiciary.
- The court failed to consider less drastic remedies and imposed a disproportionate order.
- No exceptional circumstances were proven to justify dissolving a democratically elected council.
These are not mere procedural quibbles. They strike at the heart of our transformative constitutional framework — the very document born from the struggle against apartheid tyranny. By allowing narrow, elitist interests to weaponise the courts against a people’s government, we risk normalising a dangerous precedent where judicial activism becomes the preferred tool of counter-revolutionary forces seeking to reverse the National Democratic Revolution.
The ANC remains the only force with the organisational depth, ideological clarity, and mass base to drive radical economic transformation and genuine service delivery in Ngwathe and beyond. Attempts to destabilise our councils through lawfare will not succeed in breaking the unbreakable bond between the movement and the masses. We reject the narrative that paints this dissolution as a “reset” or “clean-up.” It is an illegitimate power grab designed to install administrators more attuned to the sensibilities of AfriForum and its allies than to the lived realities of our people.
I remain resolute in defending the democratic rights of our people, the same people who voted ANC to govern Ngwathe Local Municipality. The struggle for true people-centred democracy continues. No court order, no right-wing lobby, and no institutional sabotage will deter us from fulfilling the historic mandate entrusted to us by the voters. The people of Ngwathe deserve better than this neo-liberal judicial intervention — they deserve uninterrupted progress under accountable ANC governance. We shall overcome.
Amandla!
