A precedent-setting judgment by the Gauteng High Court (Pretoria) will have significant implications for thousands of people waiting for government-subsidised housing, and for state institutions dragging their feet over housing delivery. GroundUp reports that the City of Ekurhuleni was ordered to build 133 houses by 31 December this year for successful applicants, some who have been waiting as long as 20 years.

The application was brought by the Ekurhuleni Concerned Residents Association and residents of the Winnie Mandela informal settlement who had been engaging with the state about the delayed allocation since 2005, in vain. It was argued before the High Court that the municipality had not complied with its statutory and constitutional obligations to give effect to the residents' right of access to housing, and did not take reasonable measures to ensure this right would be realised incrementally.

The municipality disagreed, saying the residents were not entitled to housing immediately as there were several steps to be followed before construction could begin. Furthermore, the municipality, referring to houses which were allocated to other recipients, said the misallocation did not mean a breach of right to housing for the applicants, adding that the number of approved applications outnumbered available stands. All of the arguments, however, were dismissed by the court, which emphasised the municipality had conceded that the residents had been successful in their applications, and had not provided a reasonable explanation for the misallocation.

The court found that the council was in contravention of housing legislation and policies, saying once a housing subsidy has been approved, the applicant was entitled to a house. It also dismissed the argument that residents were not entitled to a house immediately, ordering that the construction of houses be prioritised and a steering committee be appointed to oversee this.

Full GroundUp report

Judgment