Rabie Ridge community has welcomed a legal victory in its long-running land dispute with the City of Johannesburg, saying the ruling has given residents renewed hope of protecting their homes while they continue fighting for basic services.

Residents of Alendale Farm Ext 1 celebrated on October 9 after the Constitutional Court dismissed the city’s application for leave to appeal an earlier court ruling concerning the removal of their informal shelters.

Read more: High court halts Mayibuye’s Mastiff Road push

The farm, which belongs to the city and has been earmarked for low-cost housing, has experienced repeated land invasions over the years. The latest ruling brings relief to residents who have faced uncertainty over their homes following previous attempts to remove structures on the land.

In dismissing the city’s application, the Constitutional Court found that the appeal had no reasonable prospects of success and ordered the city to pay the costs.

Community chairperson Ngoako Seanego expressed gratitude to the legal team and residents who supported the community throughout the court battle. He said the ruling was more than a legal victory, as it offered residents hope of protecting their homes and their future.

“On behalf of the Alendale Farm community and the top 10 leaders, I need to express our deepest gratitude to our human rights lawyers for their exceptional representation in our recent community land case,” said Seanego.

“Securing this favourable verdict means far more than a victory; it protects our collective heritage, our homes and our future. Your tireless preparation, sharp legal insight and unwavering dedication throughout the court proceedings gave us confidence during a very uncertain time.”

Seanego also acknowledged the legal team’s continued involvement in community meetings and its guidance during what he described as a difficult and lengthy struggle. He said the support had encouraged residents to continue pursuing their rights, adding that the community’s fight was not over. “Your patience in difficult times encourages us to fight until the end of our struggle; it is not over yet, as we are still fighting to get the services. We are human beings, and we deserve to be served.”

2017 order did not authorise eviction

The land invasion began in 2023. In July 2023, city officials and security personnel demolished numerous informal shacks and removed belongings from the farm.

The city argued that these actions were preventative measures against unlawful land invasion, authorised by a court order obtained in March 2017 (the Sutherland J order). This 2017 order interdicted unidentified individuals from invading the property and authorised the city to take steps to prevent unlawful occupation.

Also read: Constitutional Court dismisses City of Joburg appeal over Rabie Ridge evictions

The affected residents, numbering 292, launched an urgent application in the Gauteng Division of the High Court, Pretoria.

They sought immediate relief, including a declaration that the evictions were unlawful, restoration of their possession, and a prohibition against future evictions without a court order.

The High Court, after considering the evidence, including an inspection of the site, ruled in favour of the residents in August 2023. It declared the city’s actions unlawful and unconstitutional, ordering the city to either reconstruct emergency temporary accommodation for those whose shelters were demolished within 72 hours, or pay R1 500 per shack to enable residents to do so themselves. The High Court also barred the city from further evictions or property damage without a valid eviction order.

The city sought leave to appeal this High Court decision, but it was initially dismissed by the High Court and then by the Supreme Court of Appeal (SCA) in November 2023. A peculiar issue arose because two conflicting dismissal orders were issued by the SCA on the same day, one suggesting a higher legal threshold was applied. This prompted the city to apply for a reconsideration of the SCA’s decision.

The Supreme Court president referred the matter for reconsideration. During the reconsideration, the SCA had to decide if there was a reasonable prospect of success for the city’s appeal or any other compelling reason to grant leave to appeal.

Also read: Postponement of Ivory Park service delivery meeting leaves residents frustrated

The court thoroughly examined the Sutherland J order from 2017. It found that this order only authorised preventative measures against intended invasions and could not justify the demolition of existing structures or the eviction of people who were already occupying the land.

The SCA emphasised that the order did not override constitutional and statutory protections afforded to occupiers, such as those under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Regarding the High Court’s order for a R1 500 payment, the SCA clarified that this was not a grant of constitutional damages (which was deferred for later consideration), but rather an alternative part of the restoration order for emergency temporary accommodation.

This payment was contingent on the city’s inability to provide physical accommodation itself, and it was meant to help residents rebuild a single shelter per household, not multiple shacks. The city’s argument that the order might lead to payment for ‘multiple shacks’ was deemed a misinterpretation by the SCA.

The SCA concluded that the city had no reasonable prospects of overturning the High Court’s order on appeal. It found no compelling reasons to grant leave to appeal, especially given the city’s misinterpretation and reliance on the 2017 order to justify unlawful evictions.

Therefore, the SCA set aside its previous, conflicting orders and formally dismissed the city’s application for leave to appeal. The city was also ordered to pay all legal costs incurred by the residents for both the reconsideration and the appeal application.

Midrand Reporter sent an inquiry regarding the court verdict to the City of Johannesburg deputy director of communications and media relations, Nthatisi Modingoane, on October 20. Modingoane said she was still waiting for the information from the relevant department on October 26.

The city’s response will be published once received.

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