Synopsis:
Ekurhuleni Metropolitan Municipality and Others CCT 31/09 Handed down: 19 November 2009
Appeal against an order of the South Gauteng High Court dismissing the applicants’ claim against the Ekurhuleni Metropolitan Municipality for high-mast lighting and temporary sanitation facilities in the Harry Gwala Informal Settlement. The Court held that Chapters 12 and 13 of the National Housing Code are not applicable, as the former deals with emergency situations and the latter with upgraded townships. The applicants’ direct reliance on several constitutional provisions was also held to be vague, insufficiently specified and inappropriate. The Court did not pronounce on the reasonableness of the Municipality’s newly adopted policy, as it was held to be inappropriate to consider a case so fundamentally changed on appeal. The MEC (whom the Court joined in the proceedings before it, and whose department admitted delay in finalising the necessary approvals) was ordered to take a final decision on the application to upgrade the status of the settlement within 14 months of the date of the order. Judgment: Van der Westhuizen J (unanimous).
