The long-standing legal dispute between the Pretoria Educational Centre and the City of Tshwane reached a significant conclusion on 28 January 2025, when the Gauteng High Court in Pretoria issued an order compelling the municipality to transfer certain immovable properties to the institution.
The Pretoria Educational Centre sought relief to enforce a 2006 sale agreement that had never been fulfilled by the municipality all these years. The properties are located near Edmund, Hospitaal and Johannes Ramokhoase streets in Arcadia. Judge TE Joyini adjudicated the matter, laying bare the protracted path the case had traveled through the court system since its inception.
Despite the institution's purchase of the properties nearly two decades ago, the City had, for years, resisted transferring ownership, citing a need for social housing developments as justification for retaining them. However, in an earlier ruling from May 2024, Judge N Tuchten dismissed a previous rescission attempt by the City, affirming institution's rightful claim.
During arguments, counsel for institution highlighted the ongoing administrative delays that had plagued the transfer process and pointed out that the institution had dutifully leased properties for over R16 million while waiting for the City to comply with the court order. "The City is in wilful contempt of the court order," counsel asserted, emphasising the lapse of time and the persistent failures of the municipality to act.
The judge echoed these concerns, expressing frustration over the City's ongoing resistance despite its legal obligations. He reiterated that the Constitution mandates that all organs of state must adhere to court rulings, warning that disobedience risks undermining the authority of judicial decisions and could invite public contempt for the law itself.
Judge Joyini's judgement mandated the City of Tshwane to sign the necessary documentation within 14 days, instructing that failure to comply would empower the Sheriff of the High Court to execute the transfer on behalf of the municipality. Furthermore, the judgment included a strong warning indicating that ongoing defiance could provoke future punitive costs.
Timeline of Key Events
- 2006: Initial sale agreement signed between Pretoria Educational Centre CC and City of Tshwane.
- 2006-2024: Pretoria Educational Centre CC leases properties while awaiting transfer.
- May 2024: Judge Tuchten dismisses City's rescission attempt.
- January 2025: Final ruling compelling property transfer.
