Court declares demolition of Mamelodi hostels unlawful
The residents of the Mamelodi hostel won a victory in the North Gauteng High Court today where the court confirmed the interim order issued on 18 November 2009 and found that the attempted demolition and the removal of the roof from the Mamelodi Hostel unlawful and ordered the Tshwane municipality to resurrect the roof.
On 15 and 16 November 2009, the municipality began to demolish the Mamelodi hostel and required that the residents move to a relocation camp. The roof was removed to make the building inhabitable and in the rains and cold weather over that week, the residents’ property was destroyed. The court found that those actions were unlawful in the absence of a properly obtained eviction order.
“We expect that the municipality will now take immediate steps to restore the roof to the building,” said Louise Du Plessis, an attorney at Lawyers for Human Rights. “This order confirms that the municipality may not take the law into its own hands and must start negotiating meaningfully and find a proper solution to the housing problem of the hostel dwellers in Mamelodi.”
Unfortunately, these types of illegal actions are not uncommon within the Tshwane municipal council. The municipality may not continue to operate outside of the law and further its development projects without regard for the rights of occupiers. LHR calls on the municipality to change its attitude toward the poor and begin meaningfully to negotiate with the residents to find a solution to their housing problem.
The court stated that it will release its reasons for judgment next week.
For more information, please contact:
Jacob van Garderen Louise Du Plessis
Director: Lawyers for Human Rights Attorney, Land and Housing Unit
012-320-2943 / 082-820-3960 012-320-2943 / 082-346-0744