The Supreme Court of Appeal has directed the City of Johannesburg to provide temporary emergency accommodation to waste pickers in Midrand within 60 days.
The appellants were the City of Johannesburg Metropolitan Municipality, Executive Mayor, City Manager and the Director of Housing, and the respondents the unlawful occupants of Portion Erf 9 of the Farm Randjiesfontein situated in Midrand.
The property belongs to the Rycloff-Bellegings (Pty) Ltd. The City was appealing against the judgment and orders of the Gauteng High Court in Johannesburg. That court, at the instance of Rycloff, granted an order of eviction against the waste pickers and ordered the City to provide them temporary emergency accommodation.
However, the land chosen by the City had to be where the occupants can “live at night and lawfully and safely sort the reclaimed waste and from where they can reasonably go during the day to use their flat-bed trollies lawfully and safely to collect waste”.
The adjoining property is also owned by Rycloff and houses a large commercial business centre, the International Business Gateway. Rycloff is finalising an offer to lease and redevelop Midridge Park, valued at R456 461 243.66. The prospective lessee is not willing to proceed with the envisaged development, because of the waste pickers continued occupation of the property neighbouring Midridge Park.
On 22 May 2019, Rycloff launched an application for eviction of the waste pickers from the property. During this period, several sites for relocation were identified, but the City and the waste pickers could not reach an agreement on a suitable site. The waste pickers preferred alternative accommodation nearer the industrial sites, to continue their waste-picking activities. In 2022, the City identified the land but imposed a condition waste picking activities would not be allowed on the identified site. The waster pickers objected to that condition.
The eviction application eventually came before the high court, which granted an eviction order against the waste pickers, directing that the City must, by no later than 4 March 2023, on land of its choice but within the municipal area of the City, provide temporary emergency accommodation for the occupiers, subject to certain conditions. Dissatisfied with the impugned order, the City sought and was granted leave by the high court to this Court.
The appellants were the City of Johannesburg Metropolitan Municipality, Executive Mayor, City Manager and the Director of Housing, and the respondents the unlawful occupants of Portion Erf 9 of the Farm Randjiesfontein situated in Midrand.
The property belongs to the Rycloff-Bellegings (Pty) Ltd. The City was appealing against the judgment and orders of the Gauteng High Court in Johannesburg. That court, at the instance of Rycloff, granted an order of eviction against the waste pickers and ordered the City to provide them temporary emergency accommodation.
However, the land chosen by the City had to be where the occupants can “live at night and lawfully and safely sort the reclaimed waste and from where they can reasonably go during the day to use their flat-bed trollies lawfully and safely to collect waste”.
The adjoining property is also owned by Rycloff and houses a large commercial business centre, the International Business Gateway. Rycloff is finalising an offer to lease and redevelop Midridge Park, valued at R456 461 243.66. The prospective lessee is not willing to proceed with the envisaged development, because of the waste pickers continued occupation of the property neighbouring Midridge Park.
On 22 May 2019, Rycloff launched an application for eviction of the waste pickers from the property. During this period, several sites for relocation were identified, but the City and the waste pickers could not reach an agreement on a suitable site. The waste pickers preferred alternative accommodation nearer the industrial sites, to continue their waste-picking activities. In 2022, the City identified the land but imposed a condition waste picking activities would not be allowed on the identified site. The waster pickers objected to that condition.
The eviction application eventually came before the high court, which granted an eviction order against the waste pickers, directing that the City must, by no later than 4 March 2023, on land of its choice but within the municipal area of the City, provide temporary emergency accommodation for the occupiers, subject to certain conditions. Dissatisfied with the impugned order, the City sought and was granted leave by the high court to this Court.
Municipal powers vs human rights
In its judgment, the Supreme Court echoed prior concerns raised by the Constitutional Court: “The problem of homelessness is particularly acute in our society... The painful consequences of these policies are still with us eleven years into our new democracy.”The court reinforced the principle that the “right to earn a living” is a key component of human dignity. While the property owner sought eviction to facilitate commercial development, the ruling emphasised that economic interests must not overshadow the constitutional obligation to protect vulnerable citizens.
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