Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others

The North West Provincial Executive Council, acting in terms of section 139(1)(c) of the Constitution, dissolved the Ngaka Modiri Molema District Municipality on 3 September 2014 due to alleged failure to fulfil its executive obligations, particularly in relation to basic service delivery, and appointed an administrator. The Municipality approached the North West High Court seeking (i) interim relief to interdict the administrator from interfering in its affairs and suspend the dissolution, and (ii) a review to set aside the dissolution decision. The High Court dismissed the application for a temporary interdict, while the review remained pending. The Municipality then sought leave to appeal directly to the Constitutional Court against the refusal of interim relief and also sought direct access for the review application, relying on urgency and alleged infringements of the right of access to water and other basic services. Evidence before the Court revealed widespread disruption of water and sanitation services, resistance by municipal officials to the administrator, and ongoing community protests.

The fourth respondent’s application for condonation was granted; the application for leave to appeal against the refusal of a temporary interdict was dismissed; and the application for direct access to the Constitutional Court was dismissed. No costs order was made.

The case clarifies the Constitutional Court’s approach to urgency, interim relief, and direct access in disputes arising from provincial intervention in local government under section 139 of the Constitution. It underscores that the interests of justice focus on the protection of communities’ access to basic services rather than the political or financial interests of municipal councillors. The judgment also reinforces the constitutional and statutory obligation of municipalities and the state to ensure uninterrupted provision of basic municipal services.