For nearly a decade, the Legal Resources Centre has stood alongside the occupiers of Plot 168 in Pomona, working to ensure that their rights to dignified emergency housing were upheld in the face of eviction.
In this case, the LRC represented 30 households (the occupiers’) occupying Plot 168 of Pomona, which is privately owned land. In June 2014, the owner of the property approached the occupiers informing them that he had recently purchased the land and wanted them to vacate. The occupiers then approached the LRC for assistance on 16 March 2015, after eviction proceedings were instituted against them in the High Court. The LRC went on record to defend the eviction on behalf of the occupiers. The LRC identified the occupiers had rights under the Extension of Security of Tenure Act (ESTA) and also applied for the Ekurhuleni Municipality to be joined to the proceedings, given its legal obligations in eviction matters involving those vulnerable.
The LRC ensured that in line with the Housing Code (‘the Code’) regulated by the Housing Act, the local municipality fulfills its role in providing emergency accommodation for people in the position of our clients. The Code makes provision for an Emergency Housing Programme to address the needs of households who, for reasons beyond their control, find themselves in an emergency housing situation such as facing the threat of imminent eviction. The Code ensures that households which will be evicted are resettled to emergency housing accommodation. It also sets out the Norms and Standards of Municipal Engineering Services in temporary settlement areas. This sets out the standard for municipal services such as water, sanitation, access roads and storm water and the temporary structures built.
On 14 March 2019, the court made an order directing the Municipality to engage in a process of meaningful engagement with the landowner of Plot 168 of Pomona and the occupiers. It ordered the Municipality to explore suitable housing options to be provided to the occupiers in line with their needs and personal circumstances. The Municipality was to file a report detailing available alternative accommodation.
After countless engagements with the Municipality for a period of 6 years since the court order, we are happy to announce that on the 3rd of May 2025, the Occupiers were finally relocated to their emergency accommodation in line with the Housing Code.
“The journey to ensure that the occupiers are not unlawfully evicted and are provided with emergency housing took a decade. The countless engagements with local government at times seemed in vain, but it was ultimately worth it. The LRC ensured that the occupiers are not just relocated but are relocated in a manner that still dignifies them- ensuring they have shelter, water and sanitation. Anything below that standard undermines basic human rights and the core values of our Constitution.”- Tumelo Machaba, Attorney (awaiting admission) at the Legal Resources Centre.
