Mafube case: Court rules for provincial intervention and implementation of recovery plan

Judge I. van Rhyn yesterday afternoon ruled in the Free State High Court that the premier is obligated to not only place the Mafube Local Municipality under compulsory administration, but also to urgently implement a financial recovery plan. Furthermore, the court ordered that immediate action be taken at the sewer infrastructure to stop the pollution of the Vaal- and Wilge River.

According to Morné Mostert, Manager of Local Government Affairs at AfriForum, the court found that compulsory intervention under section 139 of the Constitution should have already taken place, but the premier was lax in not fulfilling these obligations. “The premier has not acted since 2017 to protect constitutional principles. These include basic rights such as providing services in a sustainable manner, ensuring a healthy and safe environment and ensuring that sound financial and management practices are implemented.”

“Communities and taxpayers are simply fed up with poor service delivery and municipalities that are incapable of providing basic services. Potholes, frequent water shortages, a lack of garbage removal and a malfunctioning sewage system are just some of the problems that residents of this town experience. The municipality also have not sent any municipal bills to residents for several years,” adds Jacques Jansen van Vuuren, Relations Officer of the Mafube Business Forum.

AfriForum and the Mafube Business Forum brought the court application on behalf of the residents of Frankfort. Frankfort has not received proper municipal services in years and the municipality is officially bankrupt.

“Although local governments are autonomous, there is still a supervision authority within the Constitution for the provincial government to ensure that these services are rendered. In this case, the provincial government was informed of the municipality’s problems, but they failed to intervene. If the Premier does not resolve these issues, it will ultimately remain the President’s obligation to ensure that services are provided in the Mafube area,” says Mostert.

Similar Posts