AN OPINION ARTICLE
AfriForum has scored a major victory over the reckless and irresponsible ANC governance at Ngwathe Local Municipality. This is after the organisation took the municipality to the Bloemfontein High Court on the 5th December 2024.
This thorny legal challenge was agitated by the irresponsible failure, and negligence, by ANC run municipality to provide clean water and other essential services to the community of Ngwathe.
Thus, the ANC leadership’s failure to provide the necessary basic services to the residents of the municipality is at the core of the Bloemfontein scathing judgement.
On the 20th June 2025, the Bloemfontein High Court handed down a scathing and devastating judgment against the Ngwathe Local Municipality and its leadership thereof.
Key amongst other issues, it was clear from the judgment that the ANC leaders whom were tasked to run the municipality were found incompetent and failing to perform their respective responsibilities and statutory functions as stipulated by the South African Constitution of 1996, i.e. Chapter 7 on Local government jointly read with the Local Government Systems Act of 2000, and Municipal Finance Management Act, 2003.
This brazen failure exposed the incompetent and insufficient ANC cadres deployed there and their lack of understanding of how the municipality should be run.
The people of Ngwathe Municipality have been without clean running water for years, not only that; the municipal council had approved unreasonable, ballooned, and unfunded budget that never spelled any sober service delivery issues; instead, it was reflecting unachievable items which were aimed at enriching husbands, friends, and political allies of those who were reigning on top of that municipality.
As a result of all the above, the MEC of COGTA in Free State Province, Saki Mokoena was harshly instructed by the High Court of Bloemfontein to intervene in that municipality through section 139(4) and 139(5) respectively after it was clear that the municipality had failed to perform its obligated functions.
It never ended only there; the judgment also shows serious concerns and negligence from the side of the Free State Provincial Executive Council, including MEC COGTA by not acting and intervening even when it was clear that the municipality was catastrophically at the brink of its collapse. Hence, this latter landmark judgment.
On the 12th August 2025, the municipal council, leadership, and the Municipal Manager took their chances and resorted in subjecting the residents of the said municipality to what is called a “political laboratory” by appealing the judgment of Bloemfontein High Court of the 20th June 2025, which found them in extreme failure to perform their duties.
Unfortunately, on the 19th August 2025 the court once again stamped its authority and affirmed its previous judgment by declining the leadership of Ngwathe Municipality a leave to appeal its judgment before the Supreme Court of Appeals.
The ANC leadership in Fezile Dabi Region and Free State respectively is trying to cry on a wrong funeral, and busy trying to crucify a wrong Jesus by trying to appeal and it’s very clear from the ANC that this is nothing but an afterthought that was given effect by a realization that they are losing power in Ngwathe.
None of both the Free State Provincial Executive Council, MEC COGTA, National Ministry Of COGTA, and Treasury had challenged both the court judgments because they are aware of the implications of their failures on the matter.
*Let us simplify the matter and court processes:*
1. Is There A Possibility To Appeal This Judgment Further?
No, in most cases, you cannot appeal a High Court judgment to the Supreme Court of Appeal (SCA) without first obtaining leave to appeal. The SCA requires either leave from the High Court itself or, if refused by the High Court, leave from the SCA.
*Elaboration:*
Leave to Appeal is Required: The Superior Courts Act stipulates that appeals from a High Court decision to the SCA generally require leave to appeal. This means you need permission from either the High Court (the court that made the original decision) or the SCA itself to proceed with the appeal.
*High Court’s Discretion:*
The High Court, when granting leave, may also direct whether the appeal should be heard by the full court or the SCA, depending on the circumstances of the case. Special Leave for Appeals from Full Courts: If the High Court has already sat as an appeal court (e.g., a full bench hearing an appeal from a single judge), then special leave from the SCA is required for any further appeal.
*Exceptions:*
While leave is generally required, there might be specific exceptions outlined in legislation or court rules, but these are not common.
*Constitutional Court:*
It’s worth noting that the Constitutional Court, as the highest court in South Africa, also requires leave to appeal in most cases. However, this applies to appeals from the SCA or directly from the High Court in constitutional matters.
*Key Question:*
Is the ANC and it’s leadership running the Ngwathe Local Municipality stand any firm grounds to win this legal battle?
The answer is a simple, *”NO!”.*
*Conclusion:*
The Municipal Council Of Ngwathe Local Municipality, Municipal Manager, ANC Free State Provincial Leadership, and any other chance-taker must stop behaving like jiltered lovers and respect the court of laws, but importantly; respect the demands and needs of people of that municipality by abiding with the Court judgments and allow the dissolution of the municipality as per both the court judgments. The people of Ngwathe LM deserve better than this mediocrity.
Even if they can run helter – skelter, but this is not a battle they are going to win, rather, they must just accept the outcome and allow the people of Ngwathe to have a second chance of electing their preferred political leadership to bring back the dignity of Ngwathe Residents. The political ramifications of this judgement is that the possibility of By-elections cannot be ruled out or is imminent at Ngwathe perhaps for a period of eleven months before the actual local government elections as stipulated by the IEC expected to be held in November 2026. This is a toll order.
