Residents of Clarendon Heights in Hillbrow have been granted temporary relief after the Gauteng High Court suspended an eviction order that would have forced them out of their homes within 48 hours.
The building, which the City of Johannesburg and the body corporate claim has been “hijacked”, was set to be cleared just days before Christmas. However, the court ruled that the eviction should not proceed while an appeal process is still underway.
The case unfolds amid an intensified citywide operation targeting hijacked, unsafe and non-compliant buildings, particularly in the inner city. The renewed enforcement drive follows the fatal shooting of media personality DJ Warras, an incident that has heightened public attention on building hijackings and urban safety.
Eviction suspended pending appeal
Clarendon Heights is a sectional title building where about 38 occupiers are facing eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). Although an eviction order was initially granted earlier this year, residents have since petitioned the Supreme Court of Appeal (SCA) after their application for leave to appeal was dismissed.
In a judgment delivered earlier this month, Judge Leonie Windell ruled that the eviction should be suspended until the SCA petition is finalised. The court cited uncertainty around where residents would go if evicted on short notice and the real risk of homelessness.
Judge Windell noted that the consequences of eviction would be irreversible if the order were later found to be unlawful. She highlighted that a 48-hour eviction window in a dense inner-city environment could result in sudden displacement, disruption to schooling and employment, and immediate loss of shelter.
While acknowledging the harm allegedly suffered by the city and the body corporate, the court found that there was insufficient evidence regarding the residents’ vulnerability, household composition, or the availability of emergency accommodation.
Interim court orders regulating access, utilities, security and management of the building will remain in place pending the final outcome of the appeal.
Allegations of a hijacked building
The City of Johannesburg and the Clarendon Heights body corporate argue that the building was unlawfully taken over and managed without authorisation. Allegations include rental payments being collected by unauthorised individuals, denial of access to contractors and managing agents, and incidents of intimidation and violence.
The court previously heard that the building had deteriorated, municipal services were interfered with, and insurers had threatened to withdraw cover due to safety risks.
Despite these findings, civil society organisations have repeatedly warned that evictions without proper alternative accommodation simply displace vulnerable residents rather than resolve the problem.
City ramps up inspections across Joburg
As the legal battle continues, the City of Johannesburg has confirmed that inspections of inner-city buildings are intensifying. According to Public Safety spokesperson Rhulani Mgwambane, more than 331 properties have already been inspected through coordinated multi-department operations.
“These inspections target hijacked, abandoned and non-compliant buildings linked to crime, unsafe living conditions and illegal electricity connections,” Mgwambane said.
He added that residents will notice an increased law enforcement presence, more frequent inspections, and stricter enforcement of by-laws. Where violations are identified, formal notices are being issued and enforcement action follows.
Mgwambane confirmed that the city’s Inner-City Buildings Revitalisation Strategy, approved in 2025, identifies several unsafe buildings earmarked for evacuation and rehabilitation. These include buildings such as M.O.T.H, Vannin and Casa Mia.
While the city has not yet released a full public list of buildings targeted for closure or reclamation, officials have committed to working closely with SAPS and private partners to restore safety in the inner city.
Housing alternatives remain a challenge
The city has reiterated that all evictions must comply with the PIE Act, which requires courts to consider the availability of alternative accommodation, especially for vulnerable occupants.
However, Mgwambane acknowledged that a shortage of emergency and long-term housing remains a major obstacle, slowing progress in resolving hijacked building cases.
For now, residents of Clarendon Heights will remain in their homes as the legal process continues, while Johannesburg’s broader fight against hijacked buildings intensifies.