PARYS, Free State – The Constitutional Court has dismissed the Ngwathe Local Municipality’s final appeal against its dissolution, paving the way for immediate provincial intervention in the troubled Free State municipality.

The apex court ruled unanimously that the municipality’s appeal had no reasonable prospects of success, bringing to an end a multi-year legal battle that began when civil rights organisation AfriForum approached the Bloemfontein High Court in May 2024.

Free State COGTA and Human Settlements announced on Tuesday 23 June that it has formally dissolved the Ngwathe Local Municipality Council and commenced intervention measures aimed at restoring governance, accountability and service delivery.

Ngwathe formally dissolved

The ruling marks the first time a South African court has successfully enforced the dissolution of a local authority, setting a potential precedent for similar service delivery cases nationwide.

Judge J.P. Daffue ruled in June 2025 that Ngwathe Municipality had failed to fulfil its constitutional, legal and administrative obligations towards residents of Parys, Heilbron, Koppies, Vredefort and Edenville. He ordered the municipal council dissolved and demanded immediate intervention by the Free State provincial government.

The municipality unsuccessfully attempted to appeal the decision, first to the Supreme Court of Appeal and finally to the Constitutional Court, which dismissed the application with costs.

Residents have endured years of chronic water interruptions, untreated sewage spills, deteriorating roads, unreliable electricity supply, mounting municipal debt and governance failures. The court found these conditions constituted a catastrophic collapse in basic services requiring urgent intervention.

The Free State provincial government is now required to invoke Section 139(5) of the Constitution. This includes dissolving the current council, appointing a specialised administrator and support team, and implementing a comprehensive financial recovery plan.

The administrator will be tasked with stabilising the municipality, restoring sound governance and financial management, and driving measurable improvements in service delivery. Ward committees across Ngwathe have also been dysfunctional, weakening community participation and accountability mechanisms.

AfriForum described the victory as critically important, noting the case could serve as precedent in similar litigation against other municipalities experiencing service delivery crises.

The Democratic Alliance welcomes the finalisation of the legal process confirming the dissolution of the Ngwathe Municipal Council and the implementation of provincial intervention under Section 139 of the Constitution.

Lengthy court battle at an end

“This brings to an end a lengthy legal battle during which residents continued to endure collapsing service delivery, ongoing water crises, sewage spillages, deteriorating infrastructure, financial mismanagement and a municipality that has failed to fulfil its constitutional obligations,” says Mayor candidate Cllr. Carina Serfontein.

The outcome confirms what the DA, residents, AfriForum and the Save Ngwathe movement have consistently maintained: Ngwathe is a municipality in deep crisis, and urgent intervention is required to restore governance and service delivery.

Concerns over potential delays

However, civil society organisations have raised concerns about potential delays by the provincial government in fully enforcing the court order and removing the council from decision-making powers.

The intervention follows years of unsuccessful attempts to address service delivery failures through conventional municipal processes. The court’s decision reflects the severity of governance and financial management challenges facing the municipality, which has been declared insolvent.

Residents will continue to receive municipal services during the intervention period, with the administrator responsible for ensuring improvements in reliability and quality of basic services including water, sanitation, electricity and infrastructure maintenance.

The provincial government has indicated the intervention aims to restore stability, strengthen governance structures, implement the financial recovery plan and rebuild trust between the municipality and residents who have suffered years of poor service delivery.

ALSO READ: Six Free State mayors to be removed: A call for accountability