Municipality must cough up court fine in ongoing housing dispute in eMbalenhle
Govan Mbeki Municipality must pay a fine of R10 000 for contempt of court because it failed to comply with a court order to provide residents of Tsalanang Flats with the minutes of a meeting where officials allegedly promised to allocate residential stands to tenants who could no longer afford rent.
The Pretoria High Court has found the Govan Mbeki Municipality (GMM) guilty of contempt of court for failing to comply with a previous court order related to the ongoing dispute involving Tsalanang Flats tenants in eMbalenhle.
The judgment, delivered on September 29, follows the GMM’s failure to adhere to a court order dated October 23, 2023. This court order directed the municipality to provide Tsalanang Flats residents with the minutes of a meeting where officials allegedly promised to allocate residential stands to tenants who could no longer afford rent.
Many of the tenants are unemployed or pensioners living with their grandchildren. As a result, the municipality was fined R10 000 and ordered to comply with the 2023 ruling.
The court further granted Tsalanang tenants leave to return to the High Court, should GMM fail to comply, and ordered the municipality to pay the costs of the application on an attorney-and-own-client scale.
Background of the dispute
The tension between the GMM and the Govan Mbeki Housing Company (GMHC), which manages the flats, and the Tsalanang tenants dates back several years.
Initially, the tenants claimed they were told the flats formed part of a social housing project, but the development was later converted into rental stock under the Department of Human Settlements’ (DHS) Community Residential Units (CRU) programme.
The CRU programme aims to upgrade and redevelop former government hostels into affordable rental housing for low-income households, replacing the old migrant-labour hostel system.
Tsalanang Flats were among the facilities converted under this programme, with GMHC contracted by the municipality to manage the property. However, over time, tenants grew frustrated with the company’s management and the municipality’s unfulfilled promises.
Community frustration
Community leader Muziwakhe Ntshalintshali said the situation worsened when new housing units were built and the municipality requested tenants to relocate to new flats under fresh lease agreements, effectively turning them into paying renters under GMHC.
“We were allocated these flats when they were still hostels, as part of a social housing programme. We do not want to be part of rental stock.
“We had several meetings with the municipality at the Parliamentary Constituency Office in Secunda, where we were promised residential stands in eMbalenhle. We do not mind moving out for development to take place, but they must first give us the stands they promised,” said Ntshalintshali.
He added that in one meeting, municipal officials claimed they had identified an area for relocation but could not disclose it due to fears of land invasion. He also recalled that as far back as 2008, the GMM had resolved to allocate residential stands to Tsalanang tenants.
“We compiled a list of 67 tenants and submitted it to the municipality, but nothing happened. Our area is neglected, waste is not collected, and we have sewer blockages and leaking water. It’s been three years since GMHC employees last serviced our flats.
“We clean the area ourselves but still receive statements claiming we owe the municipality for services we do not recei,” said Ntshalintshali.
Living there for decades
A long-time resident, Dudu Mncwango (77), said she has lived in Tsalanang since 1992.
“I have two children and six grandchildren, all born and raised here. Since 2007, we’ve been fighting for residential stands because we cannot afford to rent. I worry about what will happen to my family when I die.
“This is the only home we know. The municipality must honour its promise and give us the stands so that we can move out and let them do business in peace,” said Mncwango.
During the follow-up oversight conducted by the executive mayor, Nhlakanipho Zuma, on October 8, he also visited the paved road at Ext 8 near the Tsalanang family flats.
Zuma instructed officials to contact the GMHC and address the ongoing sewage spills from the flats that are damaging the road and posing health hazards.
Donald Green, media liaison and content developer for the Govan Mbeki Municipality, said this week that he will respond soon.
Hostel tenants dispute progress report of the Mpumalanga Department of Human Settlement
