Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another

The applicants were a group of destitute, homeless people who lived on a traffic island under the R31 highway bridge in Johannesburg. They stored their personal belongings there during the day and erected makeshift shelters at night using cardboard, plastic sheeting and wooden pallets, dismantling them each morning. On 1 February 2017, officials of the Johannesburg Metropolitan Police Department conducted a municipal ‘clean‑up’ operation without prior engagement or a court order. During the operation, the officials confiscated and destroyed the applicants’ belongings, including mattresses, blankets, clothing and other personal effects. The City claimed the items were abandoned rubbish removed under public health by‑laws, while the applicants contended that their constitutional rights to property, dignity, privacy and housing were violated.

The appeal was upheld. The SCA declared the destruction of the applicants’ property unconstitutional and unlawful, set aside the High Court’s order, and ordered the City of Johannesburg to pay each applicant R1 500 as compensation within 30 days. The respondents were ordered to pay the costs of the application.

The case affirms that even homeless persons’ minimal possessions are protected by the Constitution and may not be arbitrarily destroyed by municipalities during by‑law enforcement operations. It clarifies the limits of the PIE Act in relation to temporary, dismantled shelters and confirms that constitutional damages or compensation may constitute appropriate relief where restoration of property is impossible. The judgment reinforces dignity‑based protections for vulnerable groups in South African constitutional law.