Endumeni Civic Association and Others v Endumeni Local Municipality and Others (4610/2017) [2018] ZAKZPHC 43 (9 February 2018)

Endumeni Civic Association and Others v Endumeni Local Municipality and Others (4610/2017) [2018] ZAKZPHC 43 (9 February 2018)

The court found that the first respondent's conduct in allocating RDP houses was arbitrary, irrational, and unreasonable, violating constitutional and statutory obligations, including section 26 of the Constitution and the Housing Act. The respondent failed to provide adequate housing, manipulated housing lists, and did not adhere to principles of good governance and accountability. The Promotion of Administrative Justice Act applied, and the respondent's actions were reviewable. The court held that effective relief was required, including declaratory and structural orders, and that a supervisory order was appropriate given the respondent's failure to remedy the situation. The court...

Citation
[2018] ZAKZPHC 43
Parties
Applicant: Endumeni Civic Association; Applicant: Muziwakhe Sithebe; Applicant: Thabo Manyathi; Applicant: Bonginkosi Mfeka; Applicant: Zanele Moloi; Applicant: Thokozani Nene; Applicant: Sindisiwe Manyathi; Applicant: Zama Ziqubu; Applicant: Jabulani Ntombela; Applicant: Phakamani Miya; Applicant: Phumlani Zama Masimla; Applicant: Pinky Mduli; Applicant: Nokuthula Kunene; Respondent: Endumeni Local Municipality; Respondent: MEC, Department of Human Settlement KwaZulu Natal; Respondent: Minister of the Department of Human Settlements
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
9 February 2018
Case Number
4610/2017
Procedural Posture
Review Application / Final Judgment
Outcome
Application granted with costs against the first respondent.
Judges
Poyo Dlwati
Legal Topics
Right of Access to Housing, Promotion of Administrative Justice Act, Structural Interdict, Municipal Governance, Corrupt Allocation of Rdp Houses, Supervisory Jurisdiction
Constitutional Law Administrative Law Land and Property Right of Access to Housing Promotion of Administrative Justice Act Structural Interdict Municipal Governance Corrupt Allocation of Rdp Houses +1 more

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Parties

Endumeni Civic Association

Applicant

Muziwakhe Sithebe

Applicant

Thabo Manyathi

Applicant

Bonginkosi Mfeka

Applicant

Zanele Moloi

Applicant

Thokozani Nene

Applicant

Sindisiwe Manyathi

Applicant

Zama Ziqubu

Applicant

Jabulani Ntombela

Applicant

Phakamani Miya

Applicant

Phumlani Zama Masimla

Applicant

Pinky Mduli

Applicant

Nokuthula Kunene

Applicant

Endumeni Local Municipality

Respondent

MEC, Department of Human Settlement KwaZulu Natal

Respondent

Minister of the Department of Human Settlements

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent's conduct in allocating RDP houses was arbitrary, irrational, unreasonable, and in breach of constitutional and statutory obligations.
  2. 2 Whether the applicants are entitled to declaratory and structural relief, including a supervisory order, to remedy the improper allocation of RDP houses.
  3. 3 Whether the Promotion of Administrative Justice Act applies to the first respondent's actions and whether those actions are reviewable.

Ratio Decidendi

The court found that the first respondent's conduct in allocating RDP houses was arbitrary, irrational, and unreasonable, violating constitutional and statutory obligations, including section 26 of the Constitution and the Housing Act. The respondent failed to provide adequate housing, manipulated housing lists, and did not adhere to principles of good governance and accountability. The Promotion of Administrative Justice Act applied, and the respondent's actions were reviewable. The court held that effective relief was required, including declaratory and structural orders, and that a supervisory order was appropriate given the respondent's failure to remedy the situation. The court...

Court Disposition

Application granted with costs against the first respondent.

Orders

  • The first respondent's actions are declared inconsistent with and in breach of the Constitution, specifically sections 1, 9, 10, 25, 26, 33, 41, and 195, and invalid due to arbitrary application and manipulation of RDP housing waiting lists, unclear allocation systems, and corrupt allocation.
  • The first respondent's arbitrary, irrational, and unreasonable allocation of RDP houses in wards 4 and 5 is reviewed and set aside under the Promotion of Administrative Justice Act.