South Africa’s largest retailer takes Free State municipality to court

Shoprite Checkers (Pty) Ltd has taken Free State municipalities and their top officials to court for contempt, seeking to hold them personally responsible for failing to stop raw sewage flowing outside a Welkom store.

The retailer argues that municipal leaders have ignored a High Court order issued in April 2025, and now faces the prospect of having acting municipal managers fined or even jailed if they do not comply.

The original order, delivered in the Free State High Court by Judge Boonzaaier in April 2025, found that the Matjhabeng Local Municipality (MLM) and Lejweleputswa District Municipality had failed to meet its constitutional and statutory obligations to provide adequate, healthy municipal sanitation. 

The Boonzaaier order directed the municipality to, among other things:

• Cease, modify or control any act, activity or process causing the pollution occurring on, and in the vicinity of Service Road, St Helena, Welkom, Free State;
• Urgently eliminate any source of the pollution; and to 
• Remedy the effects of the pollution.

It also required the municipality to submit reports on sewage spillages, waste-management plans and periodic reports to Shoprite on remedial actions and future steps.

“One of the obligations arising from the April 2025 court order was that the Municipality must provide monthly reports regarding remedial action taken or planned,” Shoprite told Newsday. 

Shoprite says it has received no meaningful compliance: “Other than minimal and unexplained work performed around 4 May 2025—when a trench was dug and then refilled—no substantive action has been undertaken, and no reports have been provided.”

The Matjhabeng Municipality’s failure to comply with the High Court order issued on 24 April 2025 has resulted in the continued discharge of raw sewage in the area.

“This situation continues to negatively impact our supermarket, customers, employees and the local community,” the retailer added.

Newsday visited the site in September 2025. The street sees a large amount of continuous flooding raw sewage, which can be smelt kilometers away.

It can be seen that it has been going on for quite some time, with the path of the raw sewage eroding the roads around it.

Not only does it impact the shopping centre, but it runs along residences, who have had to endure the stench for years now.

Court hearing

Shoprite has also sought to join municipal office-bearers personally. 

A joinder application has been filed to include the current acting municipal manager of Matjhabeng Municipality, Lauretta Sarah Williams-van Wyk, as a respondent in her personal capacity. 

“This step is intended to ensure accountability and facilitate our pursuit of a contempt of court order against both the municipality and its office bearers personally,” said Shoprite.

A court hearing on 3 September 2025 before Judge M. Opperman resulted in the Lejweleputswa District Municipality and its acting municipal manager, Motlatsi Makhetha, having orders against them.

They must appear on 9 October 2025 to argue why they should not be declared in contempt for failing to comply with the 24 April 2025 order.

The court joined Makhetha to the related case in both his official and personal capacities.

The court warned that, if found guilty, Makhetha (in his personal capacity) could face imprisonment and/or a fine.

Although, that penalty is suspended if Lejweleputswa fully complies with the April order,

Both Lejweleputswa and Makhetha must also provide sworn explanations within 10 court days for their failure to comply, and Makhetha pay the costs of the application jointly and with the municipalities.

The main contempt application and the rule nisi are set down for hearing on 9 October 2025, when the court is expected to decide whether to confirm contempt findings and any personal sanctions and to make further orders to enforce the April 2025 directive.

“Despite its failure to comply with the original court order, the Matjhabeng Municipality has chosen to oppose our contempt application,” said Shoprite.

State of sewage treatment in the municipality

The South African Human Rights Commission (SAHRC) has flagged the Matjhabeng Local Municipality in the Free State for severe service delivery failures after a series of hearings in 2024.

Former Municipal Manager Lonwabo Ngoqo, outlined measures such as daily executive meetings and a “war room” to tackle water, sewage, potholes and housing issues.

Despite this, the SAHRC found the municipality in violation of constitutional and environmental rights, citing chronic sewage spills in Welkom, Virginia, Hennenman, Allanridge and Ventersburg.

These spills have contaminated rivers, submerged homes, caused school closures, and even led to a child’s death in Phomolong, Hennenman.

The SAHRC said that infrastructure is crumbling, with waste management and sanitation systems under strain.

Matjhabeng Local Municipality, faces a severe sewage crisis despite its extensive infrastructure: 1,543 km of pipelines, 57 pump stations, and 11 wastewater treatment works (WWTWs).

Currently, most WWTWs in the municipality are critically dysfunctional, per the DWS’ Green Drop Report, with only partial improvements since.

Projects are reportedly underway, including upgrades to wastewater treatment works, new boreholes, refurbished pump stations, and pipe replacements, backed by an expected R2.8 billion allocation from the Department over five years.

Ngoqo admitted that sabotage of infrastructure is rife, allegedly linked to syndicates profiting from repair tenders.

However, slow progress and ongoing spillages highlight systemic decay, with residents and businesses demanding accountability.

Neither the Matjhabeng nor the Lejweleputswa municipalities responded to questions from Newsday by the time of publication. Comment will be added if received.