The Commission has noted with concern utterances by the Premier of Gauteng, Mr Panyaza Lesufi that Evictions in Gauteng will be conducted in the dead of night even “at 02h00 AM”, as part of the plan to take back highjacked buildings and dismantling of informal settlement in the province. Such conduct is inhumane, degrading, and dangerous. It is likely to expose families to criminality, trauma, and displacement, and erodes the very foundations of our constitutional democracy. The Commission is concerned that children might be torn from their homes, older persons losing access to care, and persons with disabilities being left without support or shelter. These acts are not administrative oversights; they are systemic failures that disproportionately harm the poor, the marginalised, and the voiceless.

The Constitution of the Republic of South Africa places human dignity, equality, and the right to adequate housing at the heart of our legal order. Section 26(3) explicitly prohibits evictions without a court order made after considering all relevant circumstances. The PIE Act operationalises this protection, requiring judicial oversight, meaningful engagement, and safeguards for vulnerable groups. These are not optional guidelines; they are binding legal obligations.

The SAHRC reminds all organs of state, including municipalities and law enforcement agencies, that they are duty-bound to act within the prescripts of the law. Lawlessness, whether by omission or commission, cannot be tolerated. The Commission implores government officials, sheriffs, and private contractors to uphold the Constitution, respect the rule of law, and protect the rights of those most at risk, being children, women, persons with disabilities, and older persons.

The Commission will continue to monitor these violations and escalate findings where necessary. However, monitoring alone is not enough. Political will, institutional accountability, and community empowerment are essential to ending this crisis.

Eviction must never be a pathway to destitution. It must never be used as a tool of exclusion or punishment. It must be governed by compassion, legality, and justice. The SAHRC stands with affected communities and reaffirms its commitment to protecting the rights of all people in South Africa, especially those whose voices are too often ignored.

The Commission will seek engagements with the Minister of Cooperative Governance and Traditional Affairs, Minister of Human Settlements, South African Local Government Association and Private Security Industry Regulatory Authority to discuss these issues.

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ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION