The City of Johannesburg must rebuild shacks in Rabie Ridge or pay R1,500 to each of 292 residents. Specifically, the Supreme Court of Appeal (SCA) upheld a High Court ruling, rejecting the City’s appeal. Consequently, the Joburg shelter demolitions were declared unlawful.
What Happened in Rabie Ridge
In July 2023, city officials and security teams tore down shacks on Allandale Farm near Modderfontein Road. The area witnessed demolitions of Joburg shelters on city-owned land, planned for low-cost housing, had seen repeated occupations. As a result, 292 residents filed an urgent Gauteng High Court case, which found the evictions unconstitutional.
Why the SCA Ruled Against the City
Judge Glenn Goosen, in a unanimous decision, dismissed the City’s claim that a 2017 court order against “unknown occupiers” justified the demolitions. For instance, photos of wrecked shacks and personal items contradicted the City’s story. Moreover, Goosen stated that old court orders don’t apply to new residents affected by recent demolition actions in Joburg.
Impact on Rabie Ridge Residents
The SCA orders the City to rebuild shacks or pay R1,500 per person for reconstruction. Importantly, this ruling requires municipalities to get new court orders for future evictions, thereby highlighting the significance of the Joburg shelter issues and safeguarding vulnerable communities from illegal actions.
Why This Matters for Joburg
The case of demolitions related to Joburg shelters reinforces housing rights under the Constitution. Louise du Plessis from Lawyers for Human Rights praised the decision, noting that cities must follow proper legal steps. Therefore, this ruling sets a strong example for handling land occupations fairly.
