In what could be described as a case of closing the stable door after the horse has bolted, the leadership of the dissolved Ngwathe Local Municipality has suggested that significant progress in service delivery has been made since the Free State High Court ordered the provincial executive to invoke Section 139(1)(b) of the Constitution.
These views were presented to the Select Committee on Cooperative Governance and Public Administration (Traditional Affairs, Human Settlements and Water and Sanitation) during its oversight visit to the municipality at the council chambers in Parys, Free State.
The Executive Mayor of the dissolved municipality, Councillor Victoria de Beer-Mthombeni, maintained that dissolving the council risks reversing the gains achieved since the initial court ruling. “I can say with confidence that the Ngwathe Municipality today is a different municipality from the one that was dissolved. Critical services such as water, sanitation and electricity are being addressed. We previously had to implement load reduction due to high demand, but this winter we have not experienced any load reduction. This demonstrates the progress that has been made, and we believe the dissolution will not serve its intended purpose,” she said.
The Executive Mayor further highlighted that the municipality now has capable leadership at senior management level, with key middle management positions also having been filled, which she said demonstrates increasing administrative stability. “The municipality now has its own asphalt production plant and has embarked on an intensive programme to repair potholes across all towns. We urge the provincial government to consider alternative forms of intervention instead of dissolving the municipality,” Ms de Beer-Mthombeni added.
The provincial government-appointed administrator, Dr Solly Motingoe, echoed this assessment, pointing to several tangible improvements, including the replacement of 15 kilometres of water pipeline in Parys, the refurbishment of the Parys and Vredefort Water Treatment Works, and the successful cessation of raw sewage discharges into the Vaal River system.
Despite acknowledging these improvements, the committee emphasised that the court order remains binding and must be implemented.
Members also encouraged the municipality to strengthen partnerships with local businesses and civil society organisations that have offered technical expertise to support the municipality’s recovery. The committee cautioned against spending limited public resources on protracted litigation, arguing that such expenditure ultimately undermines service delivery and delays improvements in the lives of residents.
“The lessons from the Ngwathe litigation are clear: litigation diverts scarce resources away from service delivery towards lengthy and costly legal processes that ultimately do not improve the lives of residents. While litigation remains a legitimate mechanism for resolving disputes, it should be regarded as a measure of last resort,” the Chairperson of the Committee, Mr Mxolisi Kaunda, said.
The committee also urged councillors who will be elected to the new council to remain committed to their constitutional responsibility of serving their communities. “Councillors must remember that they have been entrusted with public office primarily to serve the residents of the municipality,” Mr Kaunda concluded.
Malatswa Molepo
10 July 2026
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