Durban City Hall, the administrative seat of the eThekwini municipality.
Durban High Court acting Judge Nigel Hollis had harsh words for the eThekwini municipality’s disregard for a court order made against it three years ago.
The order, granted by Judge Themba Sishi in 2009, compelled the municipality to provide permanent housing for 38 families who had to be moved that year to make way for the construction of a road in KwaMashu.
The families were moved to transit camps in KwaMashu on the understanding that they would receive formal housing within a year, but this did not happen.
The municipality blamed the Department of Transport for the housing allocation bungle as it had been involved in compiling a list of residents who would need homes.
The matter came before Judge Hollis yesterday with the families asking that the mayor, city manager and head of housing take all necessary steps to implement the order.
Acting for the families, advocate Geoff Budlender said the city had shown complete contempt towards the court order.
“In the past three-and-half years, the municipality has simply not complied with the order. Instead it has provided excuse after excuse in order to get out of its duty.”
Budlender said that the municipality had handled the case in a “cynical manner”. It had shown callous disregard for the applicants.
The municipality’s advocate, John Pammenter, said it was impossible for the city to comply with the order as it had no funds to do so.
Judge Hollis said the argument that the city had no money did not carry much weight.
“The city is very silent in their papers about what is done with their housing budget and indeed how much it is. They just have their legal adviser saying in an affidavit that they do not have the money, without any supporting documents. It does not set a good example when the mayor or housing head does not depose to an affidavit and explain the housing situation.” The judge said that “where there is a will, there is a way” and the city could secure emergency funds if necessary.
“These people are in a dire situation where they should have got houses, but they did not get them. It is therefore up to us and the municipality to see that there is a just result.”
Pammenter said it was shocking that the 2009 order had been granted at all.
“The municipality were advised in court papers in those proceedings that no relief would be sought against it.”
He said the municipality had no “absolute obligation” to provide permanent housing.
Judgment was reserved.
