Melani and Others v. City of Johannesburg and Others (02752/2014) [2016] ZAGPJHC 55

Nature of the Case

Approximately 10,000 residents of Slovo Park informal settlement challenged the City of Johannesburg’s (City) failure to apply to the Gauteng Provincial Government for funding to upgrade Slovo Park in terms of the Upgrading of Informal Settlements Programme (UISP).  The High Court held that this failure was unreasonable and in breach of the residents’ rights to just administrative action, and that flew in the face of the City’s constitutional obligation to realize the residents’ right of access to adequate housing, its duty to comply with the National Housing Act and National Housing Code, and decades of promises to improve the area.

Enforcement of the Decision and Outcomes

In 2016, the City initially appealed the high court decision, but then withdrew its appeal. The City proceeded to submit a business plan to the provincial government in July 2016 to construct 399 houses at Slovo Park, without any plan to accommodate the remaining 3335 households in the settlement. The Slovo Park Community Development Forum rejected the City’s first application on the basis that it was not UISP compliant. The City did not apply its mind to upgrade the settlement in situ with minimum disruption, and there was no community participation. The residents engaged the City and the Mayoral Executive Council (MEC) about the deficits in the application. In 2017, a multi-stakeholder task team was formed with community leaders, academics, practitioners, and officials from local, provincial, and national government. The purpose of the task team is to guide the implementation of the court order and UISP in Slovo Park. Throughout 2017, the City conducted a socio-economic survey and basic geotechnical studies in Slovo Park. In mid-2018, municipal electricity was installed in the settlement. In October 2019, the City redrafted its funding application in close consultation with Slovo Park community leaders on the task team and submitted the business plan to upgrade Slovo Park to the MEC for Human Settlements.

Significance of the Case

This case is an important victory in the 20-year struggle for Slovo Park residents to realize their right to adequate housing. It also has potentially profound implications for other informal settlements.  In holding that the UISP is binding on municipalities and that upgrades, rather than relocation, are the first course of action, the Court has placed an obligation on municipalities to use the UISP and to engage with informal settlement residents on upgrading their housing.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case

• Socio-Economic Rights Institute of South Africa (SERI)