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The City of Johannesburg has thoroughly studied the judgement of 4 October 2022, by the Gauteng Division of the High Court Johannesburg in the eviction application involving Rycloff-Beleggings, the City and the Illegal Occupiers unlawfully occupying the property owned by Rykcloff in the Midrand area.
It also notes with concern the various media reports published in response to the judgement.
In the judgment, the Honorable Mr. Justice Wright ordered the city to find temporary emergency accommodation (TEA) for the Illegal Occupiers which will cater for their recycling activities. The TEA should enable the Illegal Occupiers to continue sorting their recyclable material on the land identified by the city. Further, the TEA should be in an area that allows the Illegal Occupiers the right to source the recyclable material.
It is the city’s position that the Illegal Occupiers do not have the right to choose the property in which they seek to be relocated (a view recently confirmed by the Constitutional Court in Grobler v Phillips and Others [2022] ZACC 32). Further, it is the city’s position that the Illegal Occupiers are not entitled to TEA that allows them to continue conducting their business activities. A contrary contention by the city would be in contravention of, inter alia, its own by-laws and the Land Scheme.
The eviction of Illegal Occupiers is conducted in accordance with the Constitution of the Republic of South Africa, the Prevention of Illegal Eviction Act, the Housing Act (read with the Housing Code) and the City’s TEA policy. The City has complied with these legal prescripts and will continue to do so.
The City respects orders and judgments of the Courts which are in accordance with its Constitutional mandate but has instructed its legal representatives to appeal the impugned judgment in the interest of justice.
The judgement has far-reaching consequences for Joburg and other municipalities within the country. It effectively gives economic protection to individuals who have illegally occupied land by ensuring that the TEA should be located at a place where they will continue earning a living in direct contravention of by-laws and the Land Scheme governing the said piece of land.
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For more information contact mediaqueries@joburg.org.za or Virgil James on 082 467 9415
Issued by the City of Johannesburg
Group Communication & Marketing Department
18/10/2022
