On Tuesday, 31 March 2026, the Johannesburg High Court handed down an order in the matter of Occupiers of Erf 74, Electron Township v K2012150042 & City of Johannesburg Municipality directing the Mayor and the Municipal Manager of the City of Johannesburg Metropolitan Municipality (“the City”) to appear before the Court on 14 April 2026.
This follows an urgent application brought by over 74 vulnerable families represented by the Socio-Economic Rights Institute of South Africa (SERI) in the Electrons informal settlement in Unigray near City Deep, to halt their eviction from their homes and compel senior City officials to account in court for their failure to comply with five previous court orders in this matter.
In its order, the Court directed the Mayor and the Municipal Manager to personally account for the steps the City has taken, or is taking, to provide Temporary Emergency Accommodation (“TEA”) to the occupiers as required by a prior order dated 26 November 2025. In addition, the City must provide the specific address of where the occupiers are to be relocated to and the logistics of such relocation.
The Electrons matter is one example of what is arguably an emerging trend by the City to fail to comply with court orders that require it to exercise its Constitutional obligation to provide TEA. This duty was further reiterated nearly seven months ago when, on the 4th of September 2025, Premier Lesufi released the findings of the Khampepe Commission of Inquiry into the fire at the Usindiso Shelter (the Commission). Here the Commission stated that:
“It is unconscionable, almost 30 years after the Constitution was made law, that the quest for proper and affordable housing is growing without any sign of abating. The City is encouraged to re-examine the budget allocated for TEA as well as affordable social housing.”
The Commission, as a solution to this, made recommendations that, if implemented, would have the potential to change the arduous lives and often dangerous circumstances of people who call Johannesburg’s inner city home. This included the immediate provision of basic services, including refuse collection in bad buildings, and investment in infrastructure to support the wider implementation of the Expanded Social Programme (ESP).
Regrettably, the City and other duty bearers have yet to implement the recommendations.
In the Electrons matter, occupiers have been forced to return to Court for the sixth time to secure what the law already guarantees. As a result, a contempt of court application has been brought against the City’s senior office barriers. We implore the Mayor and City Manager to use their court appearance on 14th of April 2026 as an opportunity to present clear, concrete, and implementable steps to comply with their legal obligations and provide the Electrons informal settlement residents with TEA by 30 April 2026, as the Court ordered.
SERI director of litigation, Nkosinathi Sithole, expresses concern that:
“This pattern of defiance, particularly towards the law, poses a serious threat to our constitutional democracy, the City and its office bearers need to do better.”
Contact details:
- Edward Molopi, SERI senior communications and advocacy officer:
This email address is being protected from spambots. You need JavaScript enabled to view it. / 082 590 9638.
>> Download the full statement here.