The case centred around the removal of informal shack dwellers from Bapsfontein Informal Settlement, which was situated on privately owned land, in 2011.
The metro maintains that, based on two independent studies conducted before the removal of shacks from the land, the area is extremely dangerous for human habitation.
“The Constitutional Court does not seem to recognise this,” says metro spokesman Themba Gadebe.
” The City of Ekurhuleni respects the judiciary processes. However, is it unfortunate that the Court has ignored the submissions of the municipality.
“By doing so, the Court has led the community to believe that they are well within their rights to erect shacks without considering the dangers that exist in the area.”
He says that the metro is concerned lives will be lost as a result of the insistence of the community to relocate to Bapsfontein.
“The situation is made worse by the Constitutional Court having ordered that the community be taken back to land within the immediate vicinity of Bapsfontein.
“With the Court being the apex court in the Republic, the municipality is left with no recourse. ”
He adds the situation is worrisome as a strong possibility of lives being lost, due to sinkholes in the area, exists.
“The municipality is a caring one that values the lives of its residents.
“It is for that reason that the Municipality has found alternative land that is safe for the erstwhile community of Bapsfontein, however, owing to the order of the Court, which did not fully take the issues of safety into account, the municipality finds itself in an extremely difficult situation.”
Mayor
With regards the Constitutional Court’s criticism of mayor Mondli Gungubele, Gadebe comments: “The municipality has noted the criticism by the Constitutional Court on the mayor, respectfully, the judgment of the Court took the contents of a report filed by the mayor out of context.
The mayor issued a statement commenting: “My functions and powers are provided for in section 56 of the Local Government: Municipal Structures Act 117 of 1998 (“the Act”).
“I am the political head of the respondent. I am not responsible for the day to day administrative functions of the respondent.
“In this regard, there is a city manager and heads of various departments of the respondent which are responsible for various specialised functions such as the provision of adequate housing.
“I fully appreciate the reasons why this Court has deemed it fit to consider joining me as a party to these proceedings. However, when regard is had to the fact that the respondent has a whole department responsible for the subject matter of these proceedings, I respectfully submit that it is appropriate and desirable that the relevant officials take the responsibility for ensuring compliance with the Court’s orders.”
Housings
The metro has a long list of people who qualify for housing within its jurisdiction.
The Constitutional Court has ordered that the Bapsfontein community be given permanent houses, “interestingly, within an area that is unsafe and riddled with dolomite and sinkholes,” says Gadebe.
“Again, the order poses a challenge to the municipality in the sense that the municipality is dealing with disgruntled members of the community, as it was experienced in Daveyton.
“The views of the community at large are that the community of Bapsfontein has essentially skipped the queue for permanent housing.
“This is an issue that the Constitutional Court has not taken into consideration, which poses a challenge to the municipality as it is seen as though it is quite selective in the manner that it provides housing to its inhabitants,” Gadebe concludes.
