- Roughly 570 people and their families must be allowed to return to the N12 informal settlement near Cloverdene in Benoni.
- Judge Wilson ruled that Ekurhuleni’s attempts to appeal do not put the interim order from June on hold.
- The judge strongly criticised the municipality for taking conflicting positions in court and reminded its lawyers of their responsibility to be honest and fair.
Ekurhuleni must follow the interim order and let about 570 people and their families return to the N12 informal settlement near Cloverdene in Benoni, even though the municipality is still trying to challenge it.
Judge SDJ Wilson, in the High Court in Johannesburg, ruled on 17 August 2026 that the interim order he made on 12 June will stay in effect and can be enforced while the larger dispute about the residents’ removal is still being decided.
The South African Human Rights Commission and residents of the Chief Albert Luthuli Informal Settlement in Cloverdene, also called the N12 Settlement, brought the case against the City of Ekurhuleni Metropolitan Municipality, its executive mayor and city manager, as well as the Minister of Police and the Minister of Defence and Military Veterans.
This dispute arose after demolition operations in May 2026, when about 2 000 people were removed from the long-standing informal settlement.
Judge Wilson’s order in June allowed about 570 people and their families to return to the property while the court considers their claim. The order also stopped the respondents from demolishing any structures at the settlement and required Ekurhuleni to put up temporary homes for the affected residents while the case is decided.
Ekurhuleni’s appeal does not stop the order from taking effect
Ekurhuleni first tried to appeal the June order, arguing that it was a final decision. Judge Wilson refused permission for an appeal on 13 July, saying that the municipality misunderstood what the order meant. He later clarified that the order was temporary and did not make a final decision about whether the residents could stay on the property.
The municipality then took its request to appeal to the Supreme Court of Appeal. However, when back before Judge Wilson, Ekurhuleni argued that the June order was not a final decision and so there was no need to apply for its execution.
The people bringing the case said the order was clearly temporary and should be enforced even while the appeal was underway. They also asked Judge Wilson to order its immediate enforcement if he found it was actually a final decision. Judge Wilson decided the residents were entitled to the order no matter which argument was correct.
The order does not grant residents a permanent right to the land
Judge Wilson disagreed with Ekurhuleni’s claim that the interim order gave residents a permanent right to live on the property. He explained that the order simply lets the residents return while the court decides their case for a permanent solution.
The judge said that if the court later decides the residents are not entitled to have their homes or land restored, they will have to leave.
The judge said the main question is whether the residents were forced out without a court order when one was needed.
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