A Gauteng High Court judge has directed the City of Ekurhuleni to permit hundreds of families to return to the N12 informal settlement in Benoni after their homes were demolished in May.
The order follows demolitions carried out between 6 and 15 May under Operation Prosper. South African National Defence Force soldiers were present during the operation aimed at illegal miners. Judge Stuart Wilson ruled that the City failed to justify the actions and may have breached a 2011 Constitutional Court decision.
The South African Human Rights Commission secured interim relief for 570 residents. The City must supply temporary structures by the end of the month. Wilson noted that the original proclamation for Operation Prosper required soldiers to return to barracks by the end of April.
Wilson will supervise compliance. The city manager and mayor must report progress to the court by mid-July. The municipality was ordered to cover the costs of the application.
