City of Joburg sent packing after court rules in favour of Rabie Ridge squatters

The South Gauteng High Court has dismissed an urgent eviction application by the City of Johannesburg aimed at removing over 250 individuals who had occupied two pieces of land in Rabie Ridge, citing the stringent requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

The properties, which were not developed and are located in Rabie Ridge Extension 1 and Rabie Ridge Extension 2, were earmarked for a mixed housing development intended to de-densify nearby informal settlements and provide housing to eligible community members.

Rabie Ridge is located north-east of Johannesburg, near Midrand and is adjacent to Tembisa.

The city argued that the continued occupation threatened to derail the project, which forms part of the Greater Ivory Park upgrading initiative and carries an estimated first-phase cost of over R8 million.

However, Justice Adams ruled that the city had not met the requirements under section 5 of the PIE Act for urgent eviction, which include proving a real and imminent danger of substantial injury or damage, showing that the hardship to the owner exceeds that to the occupiers, and demonstrating that no other effective remedy is available.

The court noted that the land is un-serviced but found no evidence of immediate risk to the occupiers or the community. It also highlighted that eviction would likely render the respondents homeless.

“The potential harm to be suffered by the applicant if the relief sought by it is not granted pales into insignificance if one considers the fate of these 250-plus individuals,” Justice Adams wrote.

The court also noted that the city has other remedies available, including an ordinary eviction application and an appeal against a prior ruling restoring the occupiers’ possession of part of the property.

IOL