Sakeliga wins special punitive costs order against COGTA and North West Government 

30 July 2024

Sakeliga has obtained a punitive costs order against the Minister of Cooperative Governance and Traditional Affairs (COGTA) and the North West Government.

The court found that they were “trying to circumvent their constitutional duty” and that their opposition to Sakeliga was “totally unnecessary.” 

The order was granted as part of Sakeliga’s ongoing litigation with partners in Lichtenburg to craft solutions to local government collapse.

“I cannot find any excuse in the conduct of the respondents”, the order by the Mahikeng High Court read. 
“The respondents were delaying the inevitable: trying to circumvent their constitutional duty to provide sufficient water to members of the public.
The opposition of the application was, in my view, totally unnecessary.” 
Costs were awarded to Sakeliga on the unusually high scale of attorney and own client – a rare ruling where a court seeks to mark extreme displeasure with the conduct of a party. 

In this case, the order relates to back-to-back urgent applications that Sakeliga launched in October 2022 and March 2023 – and had since won – in relation to the collapse of the Ditsobotla Local Municipality.

Sakeliga’s applications sought the urgent restoration of water and other critical services to affected communities in the municipality. At the time, many residents and businesses were facing acute water shortages.

The court pointed out that “[t]he applicant (Sakeliga) has initiated this litigation in the interest of the public.” The court was highly critical of the way in which the respondents were “opposing the application at all costs” and shifting blame in disregard “of their constitutional duties”.

It found that: 

“Instead of setting measures in place to comply with their constitutional duty to provide the community members with water, or to do an investigation to establish where things went awry to result in such a desperate state, the governmental arms blamed each other, and the contracting parties. The Municipality (local sphere) blamed the Province (provincial sphere) and both blamed the private contracted parties.” 

Recent progress 

Whereas the orders obtained in October 2022 and March 2023 were interim orders, Sakeliga was thereafter successful in obtaining a final order against the North West Provincial Executive and the National Department of COGTA in October 2023.

The final order provided that the Provincial Executive must urgently intervene in Ditsobotla under section 139(5) of the Constitution, report to Sakeliga and the court every three months, and meaningfully engage with Sakeliga on the recovery of Ditsobotla.

Most recently, at a meeting on 26 July 2024 Sakeliga and our local partners met with 19 delegates from the municipality, provincial government, and national government. The purpose of the meeting was for the respondents to report to us on their progress with restoring the town administration and to meaningfully engage on other outstanding matters.

However, at the meeting the respondents failed to demonstrate the required improvements to the situation in Ditsobotla. They complained that they are unable to perform a recovery, citing organised crime, the collapse of local state capacity, and more.  

These excuses are not acceptable and we are currently determining appropriate next steps.

In the meantime, Sakeliga will undertake a joint physical inspection with the North West Executive and COGTA of infrastructure in Ditsobotla. We will also require further answers from them, which they have undertaken to provide within five days in each case. Our findings during and after this inspection and information process will inform our further steps to be taken in relation to Ditsobotla.

Notwithstanding progress with litigation, state failure continues to harm the businesses and residents of the Ditsobotla Local Government, as it does in towns across the country.

The country-wide distress of towns and local economies is an indictment of harmful political leadership across state structures stretching from local government right into cabinet. Not only do these public office bearers stubbornly preside over mounting state failure, they also wilfully obstruct local businesses and residents who seek solutions through litigation and alternative solutions.

Sakeliga will continue to pursue litigation as a necessary part of the solution, while at the same time working in parallel with local partners to develop long-term and independent solutions to local government collapse.

Issued by Piet le Roux, CEO, Sakeliga, 30 July 2024