Tomodi and Others v City of Johannesburg Metropolitan Municipality and Others
Case: Tomodi and Others v City of Johannesburg Metropolitan Municipality and Others (39022/2021)
Court: Johannesburg High Court (Gauteng Local Division)
Judge: Twala J; Wilson AJ
First hearing: 20 August 2021
Final hearing: 24 November 2021
Status: Finalised
Last updated: 30 November 2021
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Case overview: On or around Friday, 13 August 2021, the First to Fourth Respondents dispossessed the Applicants, who are represented by Power & Associates, of their temporary habitable dwellings and their possessions at Albert’s Farm in Johannesburg. The Applicants are waste reclaimers, who have been living in Albert’s Farm for three to six years. The First to Fourth Respondents are the City of Johannesburg, Johannesburg City Parks, the JMPD, and Pikitup.
On Thursday, 19 August, the Applicants instituted urgent court proceedings and, on Friday, 20 August, an urgent interim order was granted in favour of the Applicants.
The interim order directed the First to Fourth Respondents to return the Applicants’ possessions and, should they not be able to do so, to provide building materials, blankets, bedding, and mattresses to the Applicants by Saturday, 21 August. The order also directs the parties to meaningfully engage with each other to ensure that an equitable and dignified relationship can be developed.
On 24 November 2021, Power Singh Inc. returned to court to obtain a final interdict to assert the Applicants’ rights to not be dispossessed or evicted without a court order.
Court papers:
- Applicants’ urgent application (19 August 2021) (7mb)
- Interim court order (20 August 2021) (1mb)
- Final court order (24 November 2021)
Power & Associates Associate, S’lindile Khumalo, is the instructing attorney in this matter. The matter was argued by Power & Associates Director, Michael Power.
