- The court declared City Power’s demolitions in Alexandra unlawful for failing to obtain a court order under the PIE Act.
- Residents must have peaceful possession of their homes restored, with destroyed materials replaced by habitable shelter.
- The matter has been referred to SAPS and the NPA for possible prosecution; the SAHRC pledges continued oversight.
The South Gauteng High Court has delivered a sharp rebuke to the City of Johannesburg and its electricity services utility, City Power, over the illegal demolition of homes in Alexandra.
The urgent application, led by the South African Human Rights Commission (SAHRC) on behalf of affected residents, exposed a flagrant disregard for constitutional rights and due legal process.
City Power, reportedly acting alongside a local ward councillor, demolished homes in Alexandra without obtaining the required court order. Dozens of families were left homeless and vulnerable. However, after hearing the matter, the court ruled that this conduct breached Section 26(3) of the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), both of which prohibit evictions or demolitions without judicial approval.
Restoration and accountability ordered
The court’s order mandates the immediate restoration of peaceful possession for affected residents. Where building materials were destroyed, the City must provide suitable, habitable shelter as a replacement. Notably, the City is now prohibited from carrying out any further evictions or demolitions in Alexandra without first obtaining a valid court order under the PIE Act.
The case has also been referred to the South African Police Service and the National Prosecuting Authority for investigation into possible criminal violations of Section 8(1) of the PIE Act.
SAHRC’s call to leadership
The SAHRC welcomed the ruling, describing it as an affirmation of the constitutional rights to dignity, housing, and protection from arbitrary displacement. The SAHRC called on public officials to respect the law and engage meaningfully with communities when resolving disputes. It further pledged to monitor compliance and to champion justice for people facing insecure housing conditions.
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