The Johannesburg High Court has delivered a sharp rebuke to the City of Johannesburg and City Power, imposing a cost order after ruling that the recent demolitions in Alexandra were carried out unlawfully.
The ruling comes in the wake of demolitions that took place in August and left several families homeless near the intersection of Far East Bank Drive and Shibobo Drive in Alexandra, where homes had been erected close to City Power’s electricity servitudes.
The 27 affected residents have been living in the area since 2017, when they established their homes and communities over the years.
The court ruled that residents must be immediately returned to the peaceful and uninterrupted enjoyment of their homes. Any materials destroyed during the demolitions must be replaced with habitable alternatives.
The city is prohibited from conducting further evictions or demolitions without a valid court order under the Prevention of Illegal Eviction from an Unlawful Occupation of Land Act (PIE Act), 1998.
The court also said that authorities must ensure full compliance with the restoration order, and the matter has been referred to the South African Police Service and the National Prosecuting Authority to investigate the city’s breach of Section 8(1) of the PIE Act.
Ward Councillor Teffo Raphadu, who was present during the demolitions, explained that the action was necessary because land grabbers had constructed homes on top of electricity cables, which had left Ext 7 residents without power for three months.
Raphadu maintained that community members had been notified prior to the demolitions, although the High Court later ruled that the city and its officials did not have a valid court order authorising the operation on the day it took place.
“Yes, the community was notified and spoken to by myself about the challenges we are facing and how I was avoiding a community vs community confrontation because they had built on top of the electricity cable, and now frustration was starting to boil over as they had 3 months without electricity because of them.”
Raphadu further expressed frustration over what he described as the misuse of the law, saying South Africa “cannot be turned into a banana republic.”
He said it was unacceptable for people to build illegally and then “run to the courts for protection,” adding that the PIE Act was being abused by “shack farmers and slumlords.”
Raphadu also clarified that only one elderly resident was affected during the demolitions, saying he personally ensured that she was relocated to another unit where she is currently staying.
The South African Human Rights Commission (SAHRC) has welcomed the Johannesburg High Court’s ruling against the City of Johannesburg, City Power, and the local ward councillor, following the unlawful demolitions in Alexandra.
The commission said it had approached the court on behalf of affected residents whose homes were torn down without a valid court order.
“This judgment reaffirms the constitutional principle that no eviction or demolition of homes may occur without a court order,” the Commission said. “It underscores the fundamental rights to dignity, housing, and protection from arbitrary action, especially for vulnerable communities.”
The Commission further urged all leaders, especially those entrusted with public authority, to uphold and respect the rule of law, emphasizing that accountability and lawful governance are essential to protecting citizens' rights and dignity.
City Power spokesperson Isaac Mangena said they have noted the court’s ruling and are currently reviewing the full judgment before deciding on an appropriate course of action.
Mangena emphasised that the outcome does not prevent it from tackling the serious issue of illegal connections and unlawful structures built on electricity servitudes, adding that the ruling offers clear guidance on the proper procedures to be followed.
He also explained that the utility members cannot access underground cables that are buried underneath residents' properties that have been extended beyond their allocated spaces. In frustration, some community members themselves have had to demolish parts of these structures to restore electricity.
“It's important to make this distinction clear. It was fellow community members who took it upon themselves to demolish structures in a bid to fast-track restoration of power supply. It was the community members who took it upon themselves to demolish these illegally constructed structures, with the councillors assisting with arranging alternative accommodation for the affected families. City Power was not directly involved in the process of demolition of properties,” Mangena added.
The Star
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