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The Select Committee on Cooperative Governance and Public Administration (Traditional Affairs, Human Settlements and Water and Sanitation), is of the view that municipalities and provincial governments must prioritise collaborative action over litigation in their efforts to ensure quality service deliver.
 
The committee made these remarks following an oversight visit to Ngwathe Local Municipality in the Free State after the invocation of Sections 139(4) and 139(5) of the Constitution.
 
"The lessons from the Ngwathe litigation debacle 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," said the Chairperson of the Committee, Mr Mxolisi Kaunda.
 
The committee noted that civil society organisations, business representatives and community members consistently indicated their willingness to support the municipality in improving service delivery, but that these offers of assistance were often ignored. The committee urged the municipality to be more receptive to partnerships with individuals and institutions willing to contribute to improving governance and service delivery, particularly where such support is provided at no cost to the municipality.
 
The committee nevertheless welcomed reports that progress has been made in addressing some of the municipality's longstanding challenges, including improvements in water and sanitation services, uninterrupted electricity supply, and maintenance of critical infrastructure such as roads and sanitation networks.
 
The committee noted with appreciation that both the Provincial Administrator and the former Executive Mayor presented a consistent account of the progress achieved since the intervention was implemented. They emphasised, however, that the current trajectory must be sustained to ensure lasting improvements in service delivery for the residents of Ngwathe.
 
The committee also welcomed the appointment of critical Section 56 senior managers within the municipality. They reiterated that competent leadership is fundamental to achieving the strategic objectives of any municipality and that appointing suitably qualified officials contributes significantly to improved governance and service delivery. The committee urged the Administrator to work closely with the newly appointed senior management team to consolidate the gains already made.
 
In addition, the committee underscored the importance of provincial and national support to local government as envisaged in Section 154 of the Constitution. The committee expressed concern after former councillors alleged that the provincial government had not provided adequate support to the municipality. They therefore called on the Free State Provincial Government to strengthen its support to municipalities, particularly given the widespread governance and service delivery challenges facing many municipalities across the province.
 
The committee also expressed disappointment at the absence of the Free State MEC for Cooperative Governance and Traditional Affairs and Human Settlements, Mr Teboho Mokoena, who was expected to brief the committee on the interventions undertaken and plans to ensure the full implementation of the court order. The committees remain of the view that the MEC should have personally appeared before them to account politically for the implementation of the intervention.
 
Meanwhile, the committee will tomorrow continue their oversight programme in KwaZulu-Natal, where they will engage with the Office of the Premier and the Public Service Commission on the state of the public service in the province. The committee remain convinced that a capable, ethical and professional public service is essential for the delivery of quality and timely services to communities.
 
On Friday, the committee will conduct an oversight visit to Impendle Local Municipality following the invocation of Section 139(1)(b) of the Constitution.
 
The intervention was implemented due to persistent failures in financial management, prolonged vacancies in critical senior management positions, and ongoing political instability within the municipality.
 
During the visit, the committee will engage political parties represented in the municipal council, business organisations, civil society organisations, and representatives of women and youth to obtain their views on the intervention. They will also meet with the Provincial Executive to assess the progress made since the intervention was introduced.
 
Details of the visit (Day 1)
Date: Thursday, 9 July 2026
Time: 10:00
Venue: Msunduzi Local Municipality Chambers
 
Issued By: The Parliamentary Communication Services On Behalf Of The Chairperson Of The Select Committee On Cogta