The Democratic Alliance (DA) is pushing for an urgent priority hearing in the Pretoria High Court after the Municipal Demarcation Board (MDB) failed to oppose its legal challenge against the refusal to disestablish the JB Marks Local Municipality.

According to DA caucus leader in JB Marks, Hans-Jurie Moolman, the MDB had until 22 January 2026 to file opposing court papers but has not done so to date. Prompting the party to move forward with an application to secure an expedited hearing.

The development marks the latest update in an ongoing legal battle over the controversial merger of the former Tlokwe (Potchefstroom) and Ventersdorp local municipalities.

“The MDB must now be held accountable,” Moolman said, adding that the DA had exhausted all other avenues before turning to the courts.

Legal challenge follows rejected demerger request

The DA filed a comprehensive review application in the Pretoria High Court after the MDB rejected requests to disestablish JB Marks and reinstate the two former municipalities.

The merger was implemented in 2015 following a request by then Minister of Cooperative Governance and Traditional Affairs (COGTA), Pravin Gordhan. Moolman argues that the decision was politically motivated and lacked a proper assessment of administrative feasibility or service delivery implications.

“This political interference is further evidenced by the MDB’s refusal to conduct meaningful public participation before the merger and its disregard for recommendations contained in its own empirical research report,” he said.

According to Moolman, the MDB’s own findings at the time warned of potential service delivery disruptions and suggested alternative interventions to support Ventersdorp without merging the municipalities.

Service delivery decline cited

Since the merger, residents of both Potchefstroom and Ventersdorp have experienced deteriorating service delivery, the DA claims.

In 2023, after the MDB called for public submissions, the DA and other stakeholders formally requested the board to reconsider its 2015 decision and pursue disestablishment of JB Marks.

Moolman said stakeholders were initially given the impression that the MDB was open to reconsidering its position. Following research processes and engagements, however, the decision was deferred before ultimately being rejected on 7 August 2025.

“This refusal is deeply troubling, especially given the severe decline in service delivery since the merger, a decline the MDB itself predicted in 2015,” he said.

The DA further claims that records obtained after the decision show that new research commissioned by the MDB supported disestablishment and offered little justification for maintaining the merged municipality.

Despite this, the board dismissed stakeholder concerns, including a petition signed by more than 14 000 residents in favour of demerging.

‘No option but to go to court’

Moolman maintains that legal action became unavoidable.

“The MDB provided flimsy and irrational reasons for its decision and allowed political expediency to override the best interests of residents,” he said. “The future of JB Marks cannot be sacrificed due to political pressure from provincial government office bearers or members of the provincial executive council.”

He added that the DA remains committed to restoring accountable governance and improving service delivery in both Potchefstroom and Ventersdorp.

With no opposing papers filed by the MDB by the deadline, the party is now seeking an urgent priority date in the High Court to move the matter forward.