Court orders City of Johannesburg to restore business premises
The City of Johannesburg has been ordered by the Gauteng High Court to restore business premises in the central business district (CBD) after unlawfully evicting tenants and shutting down a commercial property.
The property in question, located on De Villiers Street, is owned by Lewray Investments. The company took legal action against the municipality, Mayor Dada Morero, and acting city manager Tshepo Makola, demanding that their property be reopened and restored to them peacefully.
Court Ruling Against the City
On Monday, Judge Stuart Wilson ruled in favor of Lewray Investments, though he provided detailed reasons for his decision later in the week.
The dispute arose when the Joburg Metropolitan Police Department (JMPD), acting on behalf of the city, forcibly evicted commercial tenants from the property. Not only were businesses removed, but authorities also sealed off entrances, welded doors shut, and even started bricking up the entry points.
The city defended its actions by claiming that the building posed a fire hazard, stating that they were acting within the bounds of municipal by-laws to ensure public safety. However, Judge Wilson was not convinced by their justification.
“I am far from convinced that the city adequately explained its motives during the course of the eviction, but the city ultimately justified its conduct by reference to its emergency services by-laws,” Judge Wilson remarked.
The City’s Justification and Court’s Rebuttal
To support its actions, the municipality presented four notices in court, alleging that the building violated certain by-laws. These notices were first issued on February 21, but they did not apply to the entire building—only to one specific unit within it.
During court proceedings, the City of Johannesburg acknowledged that these notices did not justify the eviction of Lewray Investments from its own property. However, they argued that the company should only regain access if it agreed to address the fire safety concerns mentioned in one of the notices.
The high court dismissed this argument, stating that the city had misused its legal authority. Judge Wilson emphasized that the by-laws referenced by the city did not grant it the power to completely exclude a property owner from their premises.
Understanding the By-laws and City’s Overreach
The by-laws in question allow fire brigade officials to issue specific instructions to ensure compliance with fire safety regulations. These instructions may include:
- Immediate evacuation of the premises
- Temporary closure until safety issues are resolved
- Stopping certain activities that pose risks
- Taking specific steps to remove hazards within a set timeframe
However, nowhere in the by-law does it grant the city the power to permanently evict property owners or prevent them from accessing their premises. The legal penalty for failing to comply with fire safety instructions is typically a criminal sanction, not an extrajudicial eviction.
Judge Wilson Condemns City’s Actions
Judge Wilson was highly critical of how the municipality handled the situation, calling it a significant overreach of legal authority.
“The city acted substantially beyond any lawful power it could reasonably claim to have,” he stated.
The judge further criticized the city for failing to immediately correct its mistake after recognizing the legal flaws in its actions. Instead of returning the property to Lewray Investments, the city persisted with a legal battle that it knew it could not win.
“It ought to have appreciated this from the outset, and to have restored the property to Lewray Investments at the first opportunity. Instead, the city insisted on pushing an application to which it must have known it had no defense to a hearing,” Judge Wilson concluded.
Implications of the Ruling
This ruling sets a strong legal precedent against municipalities that overstep their legal authority in enforcing by-laws. While the City of Johannesburg has a responsibility to ensure public safety, it must operate within the limits of the law when dealing with private property owners.
Property owners and business tenants across Johannesburg’s CBD will likely see this ruling as a victory for property rights, especially in a climate where illegal evictions and harsh municipal enforcement tactics have become increasingly common.
Conclusion
The City of Johannesburg now faces the task of reopening the premises and allowing Lewray Investments and its commercial tenants to resume business operations. The case serves as a reminder that municipalities cannot bypass legal procedures when dealing with by-law violations.
With the high court’s ruling, the city will need to reassess its approach to enforcing fire safety and business regulations while ensuring that it does not violate the rights of property owners in the process.
