City ordered to rebuild shacks after ‘unlawful conduct’
THE Gauteng High Court, Pretoria, in its ruling on the recent evictions of homeless people by the City of Johannesburg and the MMC for Human Settlements in Gauteng, have reminded the authorities they also have rights.
Acting Judge Elmien du Plessis said: “These people have human rights as contained in the Bill of Rights and protected in the Constitution. Just because they are already living on the margins of society does not make them invisible social outcasts or nuisances, however much their presence may frustrate the respondents – the City and the MMC (members of the mayoral committee).”
The families, known as the Rabie Ridge community, have been staying for years on land identified as Farm Allandale, near Ivory Park.
They have been subjected to numerous “evictions” by the City, and their belongings, including their shacks, have been destroyed on several occasions.
They turned to the High Court, with the help of Lawyers for Human Rights (LHR), in what they said was a bid to have a peaceful existence, until the City earmarked land for them.
Judge Du Plessis not only declared the conduct of the City unlawful, she also ordered it had to rebuild the shacks within 72 hours. If the City failed to do so, it had to pay each family R1500 so they could buy material to rebuild their shacks.
The City, meanwhile, may not evict the families from the land until it has secured a lawful eviction order. It may also not further harass the people, the judge said, in slapping the City and the MMC with a punitive costs order.
Louise du Plessis, manager: Land, Housing and Property Rights at LHR, said the ruling was not just a win for the residents of Farm Allandale, but a “clarion call to all entities”, to remind them of the human touch essential in the dispensation of justice.
“This victory serves as a testament to the resilience of communities, and the critical role organisations like LHR play in ensuring justice is meted out fairly,” she said.
The community comprises 836 people, including children. Backed by evidence in the form of pictures and videos, they showcased to the court the demolished dwellings and personal
losses they had experienced.
Du Plessis said LHR hoped this landmark ruling would not only prevent further unlawful evictions, but also serve as a reminder to all public bodies about their duty to uphold the Constitution, thereby promoting a more just and inclusive society.
The community consists of impoverished families who previously rented
or squatted elsewhere and could no longer afford to pay rent.
A small group settled on the property in about 2017, but the majority took occupation after Covid-19, in 2022, and this year, as they had lost their jobs.
The specific demolitions that triggered this urgent application took place on July 14, and about a week later. However, the illegal evictions prior to this took place almost every three weeks for the past three years.
The City said its operations were aimed at preventing more people settling on the land, not to evict people from living on the land. It claimed it demolished only the unoccupied shelters.
But the residents submitted pictures of the latest eviction, showing, among other things, trucks filled with material, and a water cannon spraying water on what looks like burning debris. There are also pictures of household items outside.
Du Plessis tried to engage with the City, but received no response.
Instead, four days later, 30 heavily armed JMPD officers and 50 so-called Red Ants arrived with six trucks to demolish the structures..
Some of the materials not loaded on to the truck were burned, and many other personal items were lost or damaged.
Some families managed to rebuild scant homes, while others took occupation with other members or in nearby areas.
Some simply could not rebuild, as they had no money.