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Judge puts a halt to Angelo relocation for now

Judgment has been delivered in the matter of the relocation of the Angelo informal settlement to Germiston.

The proposed move of the Angelo informal settlement, located in Boksburg, to Germiston has been put on hold.

The judgment in the Alvern Cables (Pty) Ltd and Others vs the Ekurhuleni Metropolitan Municipality case was handed down by Judge Weiner in the High Court of South Africa Gauteng Local Division Johannesburg on December 7.

Judge Weiner granted judgment in the applicant’s favour after concluding the metro had not complied with various provisions of provincial and local legislation in regard to the development of the property.

More particularly, the metro failed to comply with the Ekurhuleni Town Planning Scheme 2014 and the National Building Regulations and Building Standard Act.

The judge ordered that, pending compliance with the various provisions of these legislative acts, the metro was prohibited from “continuing with the development on Portion 230 of the farm Driefontein 87 … including taking any steps or allowing such steps to be taken whereby any physical development, diggings, laying of pipelines, establishment of services or the erection of any buildings or improvements of facilities are affected.

“The respondent is ordered to secure the property and not to allow any persons to enter the property for the purpose of settling or establishing themselves as residents.”

Lynette Nance-Kivell from Nance-Kivell Attorneys is representing the businesses and residents against the metro.

Nance-Kivell said, “The judgment confirms that public bodies cannot act beyond the law and are charged with a duty of upholding the law.

“We are very happy with the outcome of the matter.”

 

Related articles:

Judgement on Angelo move reserved

Proposed Angelo move goes back to court

Application for urgent interdict against Angelo move struck off urgent roll

Update: Judgement on Angelo relocation interdict to be delivered tomorrow

Application for interdict to prohibit relocation of Angelo goes to court while Angelo residents take to the streets

Why it has been decided to seek an interdict against the Angelo move

Metro to be taken to court over Angelo move

Online Exclusive: National Assembly replies to questions posed on Angelo informal settlement move

Council’s plan to move Angelo residents is full of cracks

Too many unanswered questions about Angelo move

 

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