The case was brought before the Court by the Commission on behalf of affected residents whose homes were demolished in Alexandra Township by City Power and the local ward councillor without a court order.

The Court confirmed that the City’s conduct of demolishing the residents’ homes was unlawful. The Court ordered, among others, that: 

• The residents are to be immediately restored to peaceful and undisturbed possession of their homes. Where materials belonging to the residents were destroyed, they must be replaced with habitable shelter materials.
• The City is interdicted from carrying out any further unlawful evictions or demolitions without a valid court order in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (PIE Act).
• The City must take all necessary steps to ensure compliance with the restoration order.
• The matter be referred to the South African Police Service and the National Prosecuting Authority for investigation into the City’s contravention of section 8(1) of the PIE Act. 

This order reaffirms the constitutional principle as outlined in Section 26(3) of the Constitution that no eviction or demolition of homes may take place without a court order. The ruling underscores the fundamental rights to dignity, housing, and protection from arbitrary evictions, particularly for vulnerable communities.

The Commission calls on all leaders, particularly those in positions of public trust, to respect the rule of law, to engage in good faith in resolving disputes within the legal framework provided by the Constitution and the courts. The Commission remains committed to protecting and advancing the rights of all individuals, especially those living in precarious housing circumstances. The Commission will continue to monitor compliance with the Court’s directives and engage with all relevant stakeholders to ensure that justice is upheld. 

Issued by the South African Human Rights Commission