The legal battle over the future of the Melgisedek property in the Moot and the proposed relocation of residents to a temporary tent settlement in Gezina intensified again this week after two separate court developments further delayed the metro’s plans.

The Gauteng High Court in Pretoria ruled on May 26 that the metro’s Article 18(3) application to proceed with the relocation while appeal proceedings were still pending, could not succeed.

The ruling effectively means the metro cannot enforce the eviction order until all appeal avenues have been finalised.

The judgment followed months of litigation involving the Lawyers for Human Rights, AfriForum, the DA and the metro over the legality and practicality of moving residents from the condemned building to the proposed emergency tent accommodation in a municipal park in Gezina.

Willie Spies, the Freedom Front Plus mayoral candidate, said the outcome showed how separate legal challenges by different organisations had combined to delay the relocation process.

“Sometimes you do not win the initial court battle, but you win enough time for the next fight,” said Spies.

He said AfriForum’s earlier urgent application opposing the relocation to the Moot had failed, but argued that it bought time for Lawyers for Human Rights to finalise its appeal efforts against the move.

“The metro, in its wisdom, brought an Article 18(3) application to push through the relocation and that application has now failed. This is how different litigating parties with different objectives often end up working together constructively. It is a winning recipe for the future,” he said.

The latest developments also include a reconsideration application now before the Supreme Court of Appeal after Lawyers for Human Rights’ initial application for leave to appeal was dismissed on May 22.

According to Louise du Plessis, spokesperson for the organisation, they immediately filed a reconsideration application on May 25 based on new evidence submitted by an independent engineer.

Du Plessis said the new engineering findings indicated that sections of the Melgisedek building unaffected by the February fire remained structurally safe for occupation and did not pose an immediate danger to residents.

“Judge Holland-Muter in the High Court said the order cannot be executed until the Supreme Court of Appeal has made a final decision. We are now waiting again for the Appeal Court,” she said.

The broader dispute began after a fire in February renewed scrutiny over conditions at the Melgisedek building, which the metro has long argued is unsafe and unsuitable for human habitation.

The metro later secured an eviction order in March and identified a temporary relocation site in Gezina.

However, opposition parties, community organisations and legal representatives for residents argued that the proposed tent settlement was itself unsuitable, particularly with winter approaching. Concerns were raised over flooding, cold conditions and the absence of a long-term housing plan.

A court delegation previously conducted an inspection in April at both the Melgisedek property and the proposed relocation site before reserving judgment on the municipality’s application. The latest ruling now leaves the relocation process suspended pending the outcome of the appeal proceedings.

Do you have more information about the story?

Please send us an email to bennittb@rekord.co.za or phone us on 083 625 4114.

For free breaking and community news, visit Rekord’s websites: Rekord East

For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok or WhatsApp Channel