Sakeliga
wins special punitive costs order against COGTA and North West Government
- 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.”
Sakeliga’s Mission: Building Scalable Solutions to
State Failure
- Join thousands of dedicated, mission-aligned funders
- Protect our communities from a failing state
- Secure a flourishing economy in the place you love
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.