Court says City of Joburg’s housing policy is unconstitutional

2011-12-02 07:43

The Constitutional Court has ruled that the City of Johannesburg’s housing policy was unconstitutional because it does not provide for temporary housing for people being evicted from their homes by private landlords.

The case involves eviction proceedings against 86 occupants of an “abysmal” building in central Johannesburg, including children, pensioners and a number of households headed by women with an average income of just R940 a month.

They argued that the City of Johannesburg’s policy of only providing temporary residences to people the city evicted from “bad buildings” amounted to unfair discrimination against them because it would render them homeless.

In a unanimous judgment, the court rejected the city’s argument that it was not responsible for providing accommodation to people who are evicted by private landlords or that it could not afford alternative accommodation.

The court ruled that, although the owners of the building had a right to evict the tenants, they had to take cognisance of the fact that the people had been lawfully resident there and allow for a delay for the city to find alternative accommodation for the occupants of the building.

The court ordered the city to provide temporary accommodation for the residents.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.