The judgment was delivered by Free State High Court judge Ilse van Rhyn on 28 August against Matjhabeng municipality, the Free State premier, the department of cooperative governance and traditional affairs (Cogta), and the provincial executive. The urgent application was brought by the Matjhabeng Community Forum and was heard on 27 July.

The non-profit organisation, which represents business enterprises in Matjhabeng, approached the court seeking an interdict against the implementation of the 25% water tariff increase adopted as part of the municipality’s 2026/27 annual budget on 28 May.

It also sought to suspend the implementation of the municipality’s Integrated Development Plan (IDP) for the 2026/27 financial year, adopted on 3 June, pending the final determination of a review application.

The municipality had argued residents could ultimately be compensated through credits on their municipal accounts if the tariff increase was later found to be unlawful. However, Van Rhyn raised concerns about the process followed by the municipality in adopting the IDP.

“It is obvious that the council members were advised, following recommendations by the executive mayor, to adopt the reviewed IDP with the sector plans as annexures and that the IDP plan be submitted to national treasury, the Free State provincial treasury and the department of cooperative governance and traditional affairs upon tabling and the IDP be published immediately after adoption by council,” said Van Rhyn while delivering judgement.

The court noted the draft review IDP must, by law, be adopted by the municipal council within 90 days before the start of the new financial year. The adoption must also take place through a full council meeting that is open to the public and media. In his affidavit, DA councillor Gerhard Botha, who is a member of the relevant committee, noted to the best of his knowledge, no process had been formally adopted or put in writing regarding the planning, drafting, or review of the IDP.

Van Rhyn subsequently suspended the implementation of the 25% water tariff increase contained in Matjhabeng’s 2026/27 annual budget. The municipality was also ordered to pay the legal costs.

The ruling has been welcomed by the DA in Matjhabeng, describing the judgment as significant for residents already struggling with the cost of living and the municipality’s service delivery failures. DA councillor René Steyn said the party had repeatedly challenged the municipality’s budget and tariff processes.

“For months, the DA scrutinised Matjhabeng’s IDP, budget and tariff processes, formally objected, challenged what was being placed before council, and voted against the unfunded budget. We brought to light the irregularities that enabled the fight that followed. The Matjhabeng Community Forum took that fight to court. The judgment now demonstrates exactly why our scrutiny mattered,” said Steyn.

The DA added it would now demand access to the council records and documentation relating to public participation in the tariff process. The party also questioned the legality of the R250 basic water service fee being charged to residents.

Steyn said if Matjhabeng cannot demonstrate that it had lawful authority to impose the fee, the municipality should stop charging residents and refund or credit amounts already paid.

OFM News/Kekeletso Mosebetsi sm

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