EKURHULENI, Gauteng – Residents of the N12 informal settlement in Ekurhuleni have been granted the opportunity to return to their land and rebuild their homes following a decisive Gauteng High Court ruling. The landmark court order compels the metropolitan municipality to reverse the aftermath of recent demolitions that left hundreds of families displaced and destitute.
The interim relief, handed down by Judge Stuart Wilson earlier this week, interdicts the City of Ekurhuleni from preventing the occupiers from re-entering the property, also known as the Chief Albert Luthuli informal settlement near Benoni.
The legal intervention follows the widespread destruction of homes during “Operation Prosper” in May. The law enforcement and military operation, which involved South African National Defence Force (SANDF) soldiers and police, was initially launched to target illegal mining activities and disconnect illegal electricity connections. However, the operation resulted in the demolition of residential structures while residents watched in horror.
Following the evictions, many displaced individuals found themselves living in the open, reporting that they were unable to pay rent or secure alternative accommodation. Community leaders at the settlement highlighted that the residents had previously been promised permanent housing, making the sudden demolitions all the more devastating.
In his ruling, the judge found that the municipality’s actions constituted flagrant violations of the residents’ constitutional rights. He noted that the city had failed to justify the wholesale demolition of the settlement and may have been in contempt of a 2011 Constitutional Court ruling regarding the provision of permanent accommodation.
Under the strict timelines set by the court, the municipality is ordered to erect temporary, dismantlable structures to house the occupiers. Construction of these alternative arrangements must commence immediately and be completed no later than June 30.
Furthermore, the judge placed the area under the direct supervisory jurisdiction of the City Manager and the Mayor. They are personally responsible for complying with the order and have been directed to report back to the court by July 15 on the progress of the implementation. The court also restrained the municipality from demolishing any further structures or interfering with the residents’ efforts to re-occupy their land, regardless of whether the temporary structures are fully completed.
For the residents and community leaders, the court order brings a renewed sense of hope. As the country heads towards the local government elections, community representatives emphasized that the pressing issue of housing and human dignity must be addressed urgently, noting that vulnerable populations need tangible assistance before voting day arrives.
The municipality, along with the Mayor and the City Manager, was ordered to pay the costs of the interim application, jointly and severally.
