Pheko and Others v Ekurhuleni Metropolitan Municipality and Others (No 3)

The applicants were residents of the Bapsfontein Informal Settlement who were forcibly removed, had their homes demolished, and were relocated by the Ekurhuleni Metropolitan Municipality after the area was declared a disaster zone under the Disaster Management Act. In Pheko I, the Constitutional Court declared the removals unlawful and issued a structural interdict requiring the Municipality to identify nearby land, engage meaningfully with residents, and report back to the Court. Subsequent compliance reports and expert evidence revealed technical and factual disputes regarding the suitability, safety, and cost of alternative land for relocation of two affected communities (the Mayfield Community and the N12 Highway Park Community). The applicants then brought an interlocutory application asking the Constitutional Court to relinquish its supervisory jurisdiction and refer the matter to the High Court for determination of these disputes.

Condonation was granted; paragraphs 6 to 8 of the order in Pheko I were discharged; the matter was transferred to the Gauteng Division of the High Court, Pretoria, to determine suitable alternative land, supervise the relocation of the Mayfield Community, and supervise the N12 Highway Park housing project; the Judge President was requested to allocate a managing judge; and the Municipality was ordered to pay the applicants’ costs, including costs of two counsel and qualifying expert fees.

This judgment clarifies the limits and flexibility of the Constitutional Court’s supervisory jurisdiction in cases involving structural interdicts. It confirms that while supervisory orders are important for enforcing socio-economic rights, they may be relinquished where disputes become highly technical and fact-bound, and where another court is better placed to manage implementation. The case contributes to South African jurisprudence on remedies for unlawful evictions, meaningful engagement, and judicial management of complex housing disputes.