Gauteng High Court orders return of 570 families to N12 settlement after illegal evictions

Johannesburg – The Gauteng High Court has reaffirmed an interim order allowing around 570 individuals and their families to return to the N12 informal settlement near Cloverdene in Benoni after finding that they had been unlawfully evicted.

South Africa’s Immigration Protests Intensify

Judge Stuart Wilson dismissed an application by the City of Ekurhuleni to appeal the interim order, ruling that the displaced residents must be allowed to return to the settlement while the main legal challenge is still before the court.

Court rejects municipality’s appeal

The court’s latest decision reinforces an earlier interim order that barred the municipality from demolishing any further structures at the settlement until the matter is finally determined.

Judge Wilson also retained supervisory oversight of the case, requiring the City of Ekurhuleni, including the executive mayor and city manager, to report back on progress in implementing the court’s directives.

Municipality admits evictions were unlawful

During the appeal proceedings, the municipality accepted that the evictions carried out in May had been unlawful.

However, it argued there was insufficient evidence to prove that the named occupiers had been living on the property immediately before the demolitions.

Judge Wilson rejected that argument, finding that the evidence presented by the South African Human Rights Commission (SAHRC), including a verified list of occupiers, identity numbers and stand allocations, was sufficient to establish the residents’ rights on a prima facie basis.

Temporary housing ordered

The High Court previously ordered the municipality to erect temporary structures to accommodate the displaced residents while the main application is heard.

Although the judge indicated that deadlines could be adjusted if necessary, he stressed that the municipality remains under a legal obligation to implement the interim relief ordered by the court.

SAHRC brought urgent application

The SAHRC approached the court after security personnel employed by the municipality demolished hundreds of informal homes during an operation in May.

According to court papers, many residents lost their homes, personal belongings and important documents, leaving families homeless.

The Commission welcomed the judgment, saying it reaffirmed constitutional protections against unlawful evictions and highlighted the importance of complying with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

Long-running housing dispute

The N12 settlement was established following a Constitutional Court ruling in 2011 after hundreds of families were unlawfully evicted from Bapsfontein.

Those families were relocated to the N12 settlement with the expectation that permanent housing would eventually be provided. According to the High Court, that permanent accommodation has still not materialised more than a decade later.

Case continues

The latest ruling does not determine who ultimately has the right to occupy the land. Instead, it preserves the status quo until the High Court hears and decides the main application.

Should the court later find that the municipality acted lawfully, the interim relief could fall away. Until then, the affected families are entitled to return to the settlement under the court’s protection.