City of Johannesburg v Dladla and Others

The respondents were evicted from a dilapidated building in Berea, Johannesburg, following the Blue Moonlight litigation. Pursuant to a Constitutional Court order, the City of Johannesburg was obliged to provide them with temporary emergency accommodation. The City arranged accommodation at the Ekuthuleni Overnight/Decant Shelter, operated by Metropolitan Evangelical Services (MES), subject to shelter house rules. These rules regulated entry and exit times and required residents to vacate the shelter during the day, and also imposed gender-segregated sleeping arrangements which prevented spouses or permanent life partners from sharing rooms. The respondents challenged certain rules (rules 3 and 4) and the prohibition on couples sharing rooms as unconstitutional infringements of their rights to dignity, privacy, freedom and security of the person. The High Court upheld the challenge and interdicted enforcement of the rules. The City appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the Gauteng Local Division was set aside and replaced with an order dismissing the application. No costs order was sought by the City.

This case clarifies the constitutional standard applicable to temporary emergency accommodation provided by municipalities. It affirms that residents of such accommodation cannot claim the same entitlements as those in permanent housing and that reasonable limitations on constitutional rights may be justified in emergency contexts. The judgment provides important guidance on the balance between dignity and practical constraints in socio-economic rights enforcement and confirms the legality of managed-care shelter models in South Africa.