The Free State High Court has ruled that the Ngwathe Local Municipality failed to meet its constitutional obligations to residents, citing a “complete breakdown of service delivery” and financial mismanagement. The court ordered the provincial government to dissolve the council and appoint an administrator to address the crisis.
Court Finds Municipality in Breach of Constitutional Duties
The judgment highlighted prolonged failures in providing basic services such as water, sanitation, and waste management. The court noted sewage spills, water shortages, and financial disarray as evidence of systemic dysfunction.
Ngwathe Mayor Victoria de Beer-Mthombeni expressed shock at the ruling, insisting that her administration had made progress in addressing legacy issues. She cited completed projects, including water infrastructure improvements in Edenville and electrification programs, as proof of turnaround efforts.
However, the court found that the municipality had not presented a credible recovery plan to fix its finances and services. The Free State Provincial Treasury had previously rejected Ngwathe’s R2.1 billion budget, calling it unfunded and non-compliant with the Municipal Finance Management Act (MFMA).
DA Welcomes Ruling, Calls for Accountability
The Democratic Alliance (DA) welcomed the court’s decision, with Councillor Carina Serfontein stating that the dissolution was “long overdue.” She emphasized that residents had endured years of poor service delivery and financial mismanagement.
Mayor Defends Record, Hints at Possible Challenge
Mayor De Beer-Mthombeni argued that the court may not have fully considered the municipality’s recent improvements, including debt relief arrangements with Eskom and Rand Water. She suggested that the judgment was based on outdated information and did not reflect current efforts.
When pressed on the municipality’s failure to submit a viable recovery plan, the mayor maintained that progress had been made but acknowledged lingering challenges.
What Happens Next?
The Free State provincial government must now appoint an administrator to oversee the municipality’s operations until a recovery plan is implemented. Legal experts suggest the mayor could challenge the ruling, though no formal appeal has been announced yet.
Residents, meanwhile, await tangible improvements as the embattled council faces dissolution.
