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<\/a><\/a>The application<\/h2>\n\n\n\n
Sakeliga says its new court application follows an October 2023 order for provincial intervention under section 139(5) of the Constitution.<\/p>\n\n\n\n
However, due to what it describes as a failure from the province, they now seek the highest form of intervention\u2014national takeover under section 139(7).<\/p>\n\n\n\n
They argue the President and cabinet should have acted a long time ago, but grossly neglected their duty.<\/p>\n\n\n\n
Sakeliga has filed a court application asking for a declaration that the President, Cabinet, and specific ministers are acting unlawfully and unconstitutionally by failing to intervene in the collapse of the Ditsobotla.<\/p>\n\n\n\n
They are requesting that the court order the President and Cabinet to take over the intervention from the provincial government.<\/p>\n\n\n\n
This includes implementing the approved municipal recovery plan and reporting to the court within 10 days on restoring water and power.<\/p>\n\n\n\n
The application calls for the completion of this work within 30 days, followed by ongoing maintenance and monthly, sworn progress reports to both the court and Sakeliga.<\/p>\n\n\n\n
It also calls for the government to engage with Sakeliga quarterly and continue intervention until the crisis is resolved. Once granted, the court order must be delivered to Parliament.<\/p>\n\n\n\n
Sakeliga says that \u201cthe requested order will provide the president and his subordinates with an opportunity to correct their failure and fulfil their responsibilities.\u201d<\/p>\n\n\n\n
However, \u201cjudging by growing state failure countrywide, this cannot be counted on,” Sakeliga added.<\/p>\n\n\n\n
They further ask the court to allow future legal action without requiring a new case should the national executive fail again, echoing a similar request made in their October 2023 litigation.<\/p>\n\n\n\n
Sakeliga warned that such failure would signal a serious constitutional crisis, as section 139 only allows for national intervention, with no fallback if that fails.<\/p>\n\n\n\n
\u201cShould the national executive fail yet again, Sakeliga will not hesitate to ask for new relief under article 172 of the Constitution,\u201d they say.<\/p>\n\n\n\n
Potential remedies include the appointment of a special master or legal protection for community-led emergency interventions to maintain services.<\/p>\n\n\n\n
Sakeliga argues that systemic municipal collapse endangers national stability, citing R100 billion in Eskom debt and the financial failure of many municipalities.<\/p>\n\n\n\n
As smaller towns across South Africa fail, residents migrate to already strained cities, risking a nationwide collapse.<\/p>\n\n\n\n
They said their legal action in Ditsobotla forms part of a broader strategy to escalate municipal failure to the national level and open the door to non-governmental solutions when the state fails to act.<\/p>\n\n\n\n In February, the DA asked National Treasury to place Ditsobotla Local Municipality under national intervention.<\/p>\n\n\n\n Treasury responded that \u201cat this stage, there are no grounds for a national intervention,\u201d noting the municipality is already under provincial mandatory intervention.<\/p>\n\n\n\n Treasury explained that it developed a Financial Recovery Plan (FRP) for Ditsobotla, which the MEC for Finance approved in August 2023.<\/p>\n\n\n\n A Provincial Executive Representative (PER) was appointed to oversee the implementation of the financial recovery plan.<\/p>\n\n\n\n It emphasised that the municipality must fully cooperate with the PER to ensure the FRP is appropriately executed.<\/p>\n\n\n\n Treasury said that \u201cthe crisis at the Ditsobotla local municipality is deep-rooted and has existed for some time. Therefore, resolving the nature and depth of these problems will require significant time and effort.\u201d<\/p>\n\n\n\n The department said it was premature to invoke section 139(7), as the province has taken active steps. Treasury noted insufficient financial resources to address the challenges immediately.<\/p>\n\n\n\n They said that the national government is currently giving the provincial executive \u201ctime and space\u201d to manage the situation and will only consider national intervention if conditions legally justify it.<\/p>\n\n\n\n The Department of Cooperative Governance and Traditional Affairs supports Treasury\u2019s position.<\/p>\n\n\n\n<\/a><\/a>National intervention<\/h2>\n\n\n\n
<\/a><\/a>BusinessTech’s recent visit<\/h2>\n\n\n\n