The City of Ekurhuleni welcomed the judgement handed down by Honourable Justice Majiedt last week when the Constitutional Court ruled in favour of the City of Ekurhuleni in the matter of Thubakgale vs the CoE.
“The crux of the judgment is that ‘constitutional damages are not an appropriate relief for failure to provide housing’. This meant that the applicant’s appeal was dismissed,” said CoE spokesperson Zweli Dlamini.
“As a city, we have at all times endeavoured, within available resources, to ensure that the right of access to adequate housing as expressed in Section 26 of the Constitution is realised to benefit the 133 aggrieved families of Winnie Mandela in Thembisa.
“In doing so, the city offered various housing opportunities to these families in various housing projects including Clayville Ext 45, which were RDP walk-ups, Palm Ridge, which were service stands and free-standing houses and Thembisa Ext 27, which were RDP walk-ups.
“Unfortunately, these offers were rejected by the families who later opted for a move to Thembisa Ext Two as temporary alternative accommodation while waiting to be placed on free-standing houses in Esselen Park.
“The families still felt aggrieved and pursued a claim for constitutional damages at the Constitutional Court although they had a remedy from Teffo J that they could be provided with houses,” said Dlamini.
The applicants’ emphasis was that each of the 133 families be compensated with a sum of R5 000 per month (equivalent to one month’s rental) with effect from July 1, 2019, until such time the CoE provides them with houses. The Constitutional Court ruled against this.
“The majority decision led by Jafta J found that you cannot enforce a socio-economic right by constitutional damages. The decision also found that the applicants failed to prove that they had suffered an injury due to the municipality’s failure to provide them with houses.
“The court further ruled that the applicants sought a wrong relief of claiming for constitutional damages, whereas they have a remedy in a form of Court Order by Teffo J to be provided with houses,” Dlamini said.
“In compliance with the court order, the CoE remains committed to continuing with the allocation of units to the 133 families in Thembisa Ext 27 RDP walk-ups as temporary alternative accommodation until they can move into their new homes in the Esselen Park Housing Project (free-standing houses) as and when they are completed.
“The city undertakes to continue engaging the affected families through their legal representatives to ensure that their right of access to adequate housing is realised,” said Dlamini.
