EKURHULENI, Gauteng – A major legal victory has granted residents of the N12 informal settlement in Ekurhuleni the authority to return to their land and rebuild their homes following a decisive High Court order. The ruling mandates the local municipality to halt further evictions and facilitate the re-occupation of the Chief Albert Luthuli settlement, reversing the devastating impacts of recent clearance operations.
The legal intervention comes in the wake of “Operation Prosper,” a joint law enforcement and military initiative launched in May. While the operation was initially framed as a crackdown on illegal mining and unauthorized electricity connections, it culminated in the widespread demolition of residential structures. Thousands of individuals were left displaced, with many forced to live in the open because they could not afford rent or secure alternative accommodation.
In delivering the judgment, the presiding judge condemned the municipality’s actions as flagrant violations of the residents’ constitutional rights. The court highlighted that the city failed to justify the wholesale destruction of the settlement. Furthermore, the judge noted that the local government appeared to be in contempt of a 2011 Constitutional Court ruling, which stemmed from unfulfilled promises to provide the community with permanent housing.
The court has issued strict directives and timelines to the municipality. The city is ordered to construct temporary, dismantlable structures to house the occupiers, with a firm deadline of June 30 for these alternative arrangements to be completed. To ensure compliance, the judge placed the affected area under the direct jurisdiction of the City Manager and the Mayor. These officials are now personally accountable and must file a progress report with the court by July 15.
Additionally, the municipality is strictly restrained from carrying out any further demolitions or interfering with the residents’ efforts to re-establish their homes, even if the temporary structures are not fully finished by the deadline. The municipality, along with the Mayor and City Manager, was also ordered to pay the costs of the interim application jointly and severally.
For the displaced families, the ruling offers a vital lifeline. Speaking on the ground, a community leader expressed that the court order brings a renewed sense of hope to the devastated neighborhood. With the country gearing up for the local government elections, the leader emphasized that the pressing crisis of housing and human dignity requires immediate intervention, noting that vulnerable residents desperately need tangible support before voting day arrives.