Ekurhuleni Metropolitan Municipality v Dada N.O. and Others

Approximately 76 families unlawfully occupied Portion 41 of the Farm Rooikop 140, owned by the Islamic Dawah Movement Trust, after flooding made their previous informal settlement uninhabitable. The Trust sought eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The occupiers opposed eviction and brought a counter-application alleging that the Ekurhuleni Metropolitan Municipality had failed to comply with its constitutional obligations under s 26(2) of the Constitution to progressively realise the right of access to adequate housing, including emergency housing. During the proceedings, the Johannesburg High Court ordered the municipality, on its own initiative and without such relief being sought, to purchase the property for R250 000 and provide services to the occupiers. The municipality appealed against the purchase order.

The appeal succeeded in part. Paragraph 1 of the High Court order directing the municipality to purchase the property was set aside. The remainder of the order, including provision of services, stood. No order as to costs was made.

The case is a leading authority on judicial deference and separation of powers in the enforcement of socio-economic rights. It affirms that courts may not impose policy choices or administrative actions—such as compelling a municipality to purchase land—under the guise of enforcing constitutional rights, particularly where such relief is not sought and bypasses statutory frameworks for housing delivery.