Key Points
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The Free State High Court orders officials to stop sewage pollution in Mafube Municipality.
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The court demands the implementation of a financial recovery plan for the municipality.
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AfriForum supports the ruling, citing continued failures in service delivery.
The Bloemfontein High Court has ordered Free State officials to immediately stop sewage pollution caused by the Mafube Municipality’s wastewater treatment facilities.
The court has made it clear that local municipalities in the Free State must take responsibility for delivering effective services.
A full bench of three judges issued the ruling, holding the province’s leaders accountable for proper service delivery and governance.
Court demands action from local officials
The ruling follows an appeal by the Mafube Business Forum (MBF) and AfriForum after the court dismissed an earlier case.
While the court did not find the Free State Premier and other officials guilty of contempt, the full bench upheld the appeal’s declaratory and mandatory orders.
The court ordered the Premier and senior officials to implement a financial recovery plan for the Mafube Municipality immediately.
The court also instructed the Premier and other officials to take steps to stop the pollution of the Vaal and Wilge Rivers, which have suffered from poor wastewater management.
The officials must report back to the court within 60 days, detailing the measures taken to prevent further sewage spills.
Long-standing issues with service delivery
AfriForum and the MBF have fought to ensure that the Mafube Municipality provides sustainable services, especially in towns like Frankfort, Tweeling, Villiers, and Cornelia.
Service delivery in Frankfort, in particular, has nearly collapsed. AfriForum’s regional head, Jaco Grobbelaar, welcomed the court’s ruling, calling it another blow to the Mafube Municipality’s ongoing failure to serve its residents.
“The court has confirmed that the municipality lacks the political will and funds to fix its problems. Instead of addressing these issues, they have wasted years on litigation,” Grobbelaar said.
Court criticizes financial mismanagement
The court acknowledged that Mafube, as a smaller municipality, faces financial challenges but criticized the municipality for failing to address its administrative problems.
The court pointed out that Mafube had not secured the necessary funding for infrastructure upgrades. Despite the involvement of National Treasury, the municipality had made no progress on its financial recovery plan.
The court also highlighted Mafube’s failure to introduce by-laws for effective revenue collection, which worsened the financial situation.
The court ordered the municipality to explain how it sought assistance from National Treasury and what actions it took to address its financial crisis.
