Allandale Farm residents hail ConCourt dismissal of Johannesburg's eviction appeal
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Residents of Allandale Farm Ext 1 in Rabie Ridge say a Constitutional Court decision dismissing the City of Johannesburg's bid to appeal an eviction ruling has given them hope of keeping their homes on land earmarked for low-cost housing.
The Rabie Ridge community has welcomed a legal victory in its long-running land dispute with the City of Johannesburg, saying the ruling gives residents renewed hope of protecting their homes while they continue to press for basic services.
Residents of Allandale Farm Ext 1 celebrated on 9 October after the Constitutional Court dismissed the city's application for leave to appeal an earlier ruling concerning the removal of their informal shelters. The farm is city-owned and has been earmarked for low-cost housing, and has seen repeated land occupations since 2023.
The dispute dates to July 2023, when city officials and security personnel demolished shacks on the farm and removed residents' belongings. The city relied on a 2017 court order that interdicted unidentified individuals from invading the property. The 292 affected residents launched an urgent application in the Gauteng Division of the High Court, Pretoria.
In August 2023 the High Court declared the city's actions unlawful and unconstitutional and ordered it either to rebuild emergency temporary accommodation within 72 hours or to pay R1 500 per shack so residents could rebuild themselves. The Supreme Court of Appeal subsequently found that the 2017 order authorised only preventative measures against intended invasions and could not justify demolishing existing structures or evicting people already on the land.
In dismissing the application, the Constitutional Court found that the appeal had no reasonable prospects of success and ordered the city to pay the costs. Community chairperson Ngoako Seanego thanked the community's human rights lawyers and said the outcome protects residents' homes and their future, while cautioning that the community's fight is not over.
Midrand Reporter asked the City of Johannesburg for comment on 20 October; deputy director of communications and media relations Nthatisi Modingoane said she was still awaiting information from the relevant department on 26 October.