Benoni informal settlement must be rebuilt, court orders

A Gauteng High Court judge has mandated that Ekurhuleni allow displaced families to return to the N12 informal settlement in Benoni. The court ruled that the municipality did not justify the demolitions that left residents homeless. The eviction of 800 families from Bapsfontein in 2011 was deemed unlawful by the Constitutional Court, leading to their temporary relocation to N12. Permanent housing was never provided, prompting the South African Human Rights Commission to seek legal action. The court ordered 570 people and their families to return, with temporary structures to be provided by month's end. Judge Stuart Wilson emphasized the city's failure to meet its obligations for 15 years. He questioned the presence of SANDF soldiers in May, as the presidential proclamation expired in April. The city claimed the operation targeted illegal miners, not evictions, but the court found insufficient justification for the actions taken.

The ruling highlights the ongoing challenges of housing rights and government accountability in South Africa.