Hlophe and Others v City of Johannesburg Metropolitan Municipality and Others (48102/2012) [2013] ZAGPJHC 98; 2013 (4) SA 212 (GSJ) (3 May 2013)

Hlophe and Others v City of Johannesburg Metropolitan Municipality and Others (48102/2012) [2013] ZAGPJHC 98; 2013 (4) SA 212 (GSJ) (3 May 2013)

The court found that the City of Johannesburg and its officials have failed to comply with previous orders requiring the provision of temporary accommodation to the applicants prior to eviction. The City has been aware of its obligations since the Blue Moonlight judgments and has had sufficient time to plan and implement solutions. The reports submitted by the City were inadequate, lacking evidence of planning, budgeting, or concrete steps taken to secure accommodation. The court emphasized that constitutional obligations cannot be avoided due to administrative or financial difficulties, and that the City must act proactively and professionally to meet its duties. Accordingly, the court...

Citation
[2013] ZAGPJHC 98
Parties
Applicant: Philane Hlophe; Applicant: Residents of Chung Hua Mansions; Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Executive Mayor, City of Johannesburg, Parks Tau; Respondent: City Manager, City of Johannesburg, Trevor Fowler; Respondent: Director of Housing, City of Johannesburg, Thabo Mayisela; Respondent: Changing Tides Properties 74 (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2013
Case Number
48102/2012
Procedural Posture
Urgent Application / Post Eviction Order; Application for Compliance and Further Directions
Outcome
Application granted. The City and its officials are declared constitutionally and statutorily obliged to comply with previous court orders regarding provision of temporary shelter. The eviction order is suspended pending compliance. Costs awarded against the City.
Judges
Satchwell
Legal Topics
Right to Housing, Eviction Procedure, Constitutional Obligations of Municipalities, Temporary Accommodation, Contempt of Court, Blue Moonlight Precedent
Constitutional Law Land and Property Civil Procedure Right to Housing Eviction Procedure Constitutional Obligations of Municipalities Temporary Accommodation Contempt of Court +1 more

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Parties

Philane Hlophe

Applicant

Residents of Chung Hua Mansions

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Executive Mayor, City of Johannesburg, Parks Tau

Respondent

City Manager, City of Johannesburg, Trevor Fowler

Respondent

Director of Housing, City of Johannesburg, Thabo Mayisela

Respondent

Changing Tides Properties 74 (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Post Eviction Order; Application for Compliance and Further Directions

Legal Issues

  1. 1 Whether the City of Johannesburg is constitutionally and statutorily obliged to provide temporary accommodation to the applicants prior to eviction.
  2. 2 Whether the City and its officials have complied with previous court orders regarding provision of shelter.
  3. 3 What specific steps and planning are required from the City to meet its obligations under the Constitution and prior judgments.

Ratio Decidendi

The court found that the City of Johannesburg and its officials have failed to comply with previous orders requiring the provision of temporary accommodation to the applicants prior to eviction. The City has been aware of its obligations since the Blue Moonlight judgments and has had sufficient time to plan and implement solutions. The reports submitted by the City were inadequate, lacking evidence of planning, budgeting, or concrete steps taken to secure accommodation. The court emphasized that constitutional obligations cannot be avoided due to administrative or financial difficulties, and that the City must act proactively and professionally to meet its duties. Accordingly, the court...

Court Disposition

Application granted. The City and its officials are declared constitutionally and statutorily obliged to comply with previous court orders regarding provision of temporary shelter. The eviction order is suspended pending compliance. Costs awarded against the City.

Orders

  • It is declared that the Executive Mayor, City Manager, and Director of Housing are constitutionally and statutorily obliged to ensure compliance with previous court orders requiring provision of temporary shelter to the applicants.
  • The City is directed to provide full and complete answers to specified questions regarding planning, budgeting, and implementation of emergency accommodation, signed personally by the relevant officials, by 12h00 on Friday 18 May 2013.