City of Johannesburg Metropolitan Municipality v Hlophe

Changing Tides Properties 74 (Pty) Ltd owned Chung Hua Mansions, a building in central Johannesburg unlawfully occupied by poor and homeless persons. An eviction order was granted on condition that the City of Johannesburg provide suitable temporary accommodation to the occupiers. Despite multiple court orders (June 2012 and February 2013) directing it to do so and to report on compliance, the City failed to provide accommodation or adequate reports. The occupiers then brought an enforcement application seeking a mandamus against senior municipal functionaries—the Executive Mayor, City Manager and Director of Housing—obliging them to take steps to ensure the City’s compliance. The High Court granted the mandamus and imposed extensive reporting obligations. The City and functionaries appealed to the Supreme Court of Appeal.

The appeal succeeded only in part. Paragraph 2 of the High Court’s order (the extensive reporting requirements) was set aside. The mandamus obliging the municipal functionaries to ensure compliance with the prior court orders remained in force. The appellants were ordered to pay the costs of the appeal, including the costs of two counsel.

The case affirms the accountability of senior municipal officials for ensuring compliance with court orders, particularly in housing and eviction matters implicating constitutional rights. It confirms that courts may issue mandamus orders against responsible functionaries, while also delineating limits on judicial oversight to avoid encroaching on executive policy functions, thus balancing accountability with separation of powers.