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Johannesburg Mayor Faces Imprisonment for Contempt of Court

Strategic Insights

— 2 min read

Nine property owners in the Zondi area of Soweto, represented by the Centre for Applied Legal Studies (Cals), have filed a contempt of court application against Johannesburg mayor Kabelo Gwamanda and city manager Floyd Brink. The officials are accused of ignoring a court order made in 2018, which required the City of Johannesburg to deliver certain services to the property owners. Despite being held in contempt of court in 2021, the officials failed to comply with the order, and the property owners were unable to occupy their land and were charged rates and taxes despite not having access to basic services.

Key Takeaways:

  • Nine property owners in the Zondi area of Soweto have launched a contempt of court application against Johannesburg mayor Kabelo Gwamanda and city manager Floyd Brink for ignoring a court order made in 2018.
  • The City of Johannesburg was ordered to deliver certain services, including water, sanitation, and electricity, to the property owners, but failed to comply with the order.
  • The property owners, who purchased their properties under the Land Regularisation Programme between 2009 and 2014, were unable to build homes on their properties, and the City started charging them for rates and taxes despite not having access to basic services.
  • In 2021, the high court found that the City was in contempt of court for failing to comply with the earlier order, but the City has still not honoured its constitutional obligations.
  • Cals is seeking a court order to imprison the mayor and officials for up to one year for contempt of court, as well as declaring the City's conduct unconstitutional and unlawful.
  • The Centre for Applied Legal Studies (Cals) has represented the property owners in multiple contempt proceedings against City of Johannesburg officials since 2017.
  • Thandeka Kathi, head of Cals' Home, Land and Rural Democracy programme, stated that the City's failure to provide basic services is a neglect of constitutional obligations, which is inconsistent with the Constitution and unlawful.

Statistics:

  • The nine property owners purchased their properties under the Land Regularisation Programme between 2009 and 2014.
  • The City of Johannesburg was ordered to deliver certain services to the property owners in 2018.
  • The high court found the City in contempt of court in 2021 for failing to comply with the earlier order.
  • The City was successfully argued to be in contempt of court again by Cals, but nothing has been done to honour the constitutional obligations.
  • The City of Johannesburg has been accused of recalcitrant behavior, especially after receiving a contempt order.
  • Cals has been representing the property owners in multiple contempt proceedings against City of Johannesburg officials since 2017.

Sources:

  • Centre for Applied Legal Studies (Cals)
  • Johannesburg Property Company
  • Gauteng High Court, Johannesburg
  • Municipal Structures Act
  • Land Regularisation Programme
  • Home, Land and Rural Democracy programme at Cals
  • Thandeka Kathi, head of the Home, Land and Rural Democracy programme at Cals
  • Thuto Gabaphethe, of Cals

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