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Zondi residents seek arrest of Johannesburg Mayor and City Manager

- Lee-Anne Bruce

CALS represents nine individuals who are calling for the arrest of city officials following continued non-compliance with a court order

The Centre for Applied Legal Studies (CALS) represents nine individuals who own property in the Zondi area of Soweto. The property owners have been unable to occupy their own land and have been charged rates and taxes despite their stands not being connected to basic services. It is not the first time the individuals are instituting contempt proceedings against officials at the City of Johannesburg.

In October 2017, nine individuals who own property in the Zondi area of Soweto first brought an application against the City of Johannesburg (the City) and the Johannesburg Property Company. These individuals all bought their properties under the Land Regularisation Programme between 2009 and 2014. The programme was meant to have been a “revolutionary” programme of releasing land that was no longer required by the City and recognised the importance of access to land and a home.

When our clients tried to have their stands connected to water services, they found that the City had not installed the necessary infrastructure and they were unable to build homes on their properties. In addition, the City started charging them for rates and taxes despite the fact that they were not connected to services and were unable to live on their own stands.

These nine men and women therefore approached the High Court in Johannesburg for relief, asking for an order declaring that the City’s conduct has been unconstitutional and to direct them to install the necessary infrastructure, as well as write off the rates and taxes they have been charged while they have no access to basic services. CALS was able to negotiate a settlement with the City of Johannesburg, which was later made an order of court in October 2018. This settlement was to the effect that the City would install the required infrastructure and that a special Council meeting would be convened in terms of the Municipal Structures Act to process the approval of the installations.

Unfortunately, in the years since, the City and its officials have failed time and again to honour that agreement. In December 2021, the High Court found that the City was in contempt of court for failing to comply with its earlier order. Despite this contempt order, the City has still not been able to comply nor honour its constitutional obligations.

CALS has thus had to return to court on behalf of our clients to ask that the Mayor of the City of Johannesburg, the Municipal Manager and a senior manager at the Johannesburg Property Company be imprisoned for contempt of court for up to one year. These officials were joined by the Court in 2021 in order to facilitate the implementation of the court orders. In addition, we are asking the Court to declare that the conduct in this case amounts to a neglect of constitutional obligations which is inconsistent with the Constitution and unlawful.

“The City is responsible for providing basic services such as water, sanitation and electricity,” says Thandeka Kathi, head of the Home, Land and Rural Democracy programme at CALS. “The City has done nothing to fulfil its constitutional obligations for these residents of Zondi. There are many structural barriers to the ownership of land for many disenfranchised people in our country. Even when they do finally obtain it, the Municipality is not able to do its part to ensure that that land is sufficiently serviced.”

“Despite successfully arguing that the City is in contempt of court and has flouted their constitutional obligations, still nothing has been done. The conduct of the City officials is simply recalcitrant especially at the back of a contempt order,” agrees Thuto Gabaphethe. “Contempt of court undermines the rule of law. We cannot have a situation where officials are left to ignore orders of court and evade accountability. The matter has become a criminal issue and demands a criminal sanction in order for it to be taken seriously.”

CALS is represented in the matter by in-house counsel Jatheen Bhima.

Read our founding papers in the matter here.

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