A Johannesburg high court judge has described as contempt of court the absence of Joburg mayor Dada Morero and city manager Floyd Brink in court over an ongoing legal challenge about the alleged failure to provide housing in the city.
The Socio-Economic Rights Institute of South Africa (Seri), an NGO, took Dada and Brink to court over allegations that they failed to provide emergency housing to more than 70 families from the Electrons informal settlement, which is built on private property in Unigrey near City Deep.
The proceedings, which started on Tuesday, is seeking answers after multiple alleged failures to comply with prior orders.
Judge Mandlenkosi Motha said Morero’s absence was excusable compared to Brink’s, despite acting city manager Segala Malahlela being in court.
“The mayor is not here, and the municipal manager is not here.
“No, man, we understand the mayor is busy, and one would have thought that there would be an affidavit written by him that would be read out loud in the court proceedings so that we could have an understanding,” Motha said. “However, where is the municipal manager?
“What exactly is he doing? He can’t be that busy; he should be managing the municipality, and that includes being here for this matter. He can’t not be here.”
“This (absence of Dada and Brink) should have been a contempt of court,” he said.
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Sowetan understands that Morero’s office only heard about the urgent court application late and he was unable to attend as he is out of the country.
Meanwhile, Brink allegedly could not attend due to health reasons.
Motha is expected to soon rule whether the absence of both Morero and Brink was in fact contempt of court.
Nomsa Hlongwani, a resident from the settlement, who’s been living on the private property for three years, said residents can’t keep coming to court with no solution.
“It’s R20 per trip per person to come here. We don’t have money, I don’t work, and the majority of us don’t work,” she said.
“We don’t have electricity or water. There’s no infrastructure to accommodate us, but it’s still the only thing we have. We have the shacks that are squished together, and the life there is still not the greatest.”
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Nkosinathi Sithole, director of litigation at Seri, said this would be the seventh time they have gone to court.
“The city has always been represented in the proceedings, and the previous orders have been taken by consent, with the city admitting it would be able to meet the deadline, but they keep failing,” he said.
He said all parties reached an agreement in the judge’s chambers and would be submitting their final drafts, with the city having brought three options of relocation to the table
The matter has been postponed to Thursday for the parties to hand in drafts to the judge.
Sowetan
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