The Gauteng High Court has ordered the City of Johannesburg to reverse an unlawful eviction ofLewray Investments (Pty) Ltd from its property.
The events leading to this decision unfolded on 21 February 2025, when the City, via its metropolitan police, abruptly evacuated all commercial tenants from a building located on Johannesburg’s central business district. The City quickly sealed off the property, welding entrances shut and beginning to brick them up, a move that prompted immediate legal action from the affected tenants.
At the crux of the City’s justification for the eviction was an assertion that the property posed a significant fire hazard, citing its Emergency Services Bylaws. However, Judge SD Wilson found the justifications lacking. The City presented four notices of alleged bylaw contraventions, dating back to January 2024, but upon closer examination, their relevance was severely undermined.
According to court documents, of the four notices, only one pertained to the property in question, and it focused on a specific unit rather than the entire building. The other notices were either outdated, illegible, or related to entirely different properties, raising questions about the City’s commitment to due process.
The law did not support the eviction procedure the City employed.
T Mosikili, counsel for the City, conceded that the evidence did not warrant the eviction. Instead, the City sought to impose conditions on Lewray’s access to the property regarding the rectification of fire safety issues highlighted in the earlier notice. Judge Wilson firmly rejected this proposition, emphasising that the law did not support the eviction procedure the City employed. He clarified that the enforcement powers conferred upon municipal fire officers do not extend to the outright exclusion of property owners, particularly when compliance with bylaws is in question.
“The City acted substantially beyond any lawful power it could reasonably claim to have,” the judge stated, reflecting the serious breaches of procedure committed during the eviction. Importantly, the court asserted that individuals spoliated of property are entitled to reclaim it without negotiation over terms, or in this case, the acceptance of conditions post-eviction.
As a result, the court ordered the immediate restoration of Lewray’s possession of the property and mandated the City to bear the costs associated with the court proceedings.
The ruling draws parallels with the 2023 Cape Town CBD case, where similar municipal overreach was successfully challenged.
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