ActionSA has written to Gauteng Premier Panyaza Lesufi, requesting provincial intervention under Section 139 of the Constitution, expressing concerns about the actions of City of Johannesburg MMC for Public Safety Mgcini Tshwaku in dealing with hijacked buildings. The move comes amid an intensified citywide crackdown on unsafe and hijacked buildings, spearheaded by Tshwaku. As part of the broader enforcement drive, the City of Johannesburg has so far inspected around 331 properties through coordinated multi-department operations aimed at restoring safety, order and the rule of law in the inner city.
The inspections target hijacked, abandoned, and non-compliant buildings long associated with crime, dangerous living conditions, and widespread illegal electricity connections. ActionSA Johannesburg caucus leader Marcel Coutriers and Sarah Wissler, the party’s whip and former chairperson of the Section 79 Public Safety Committee, said the party remains firmly opposed to hijacked buildings, criminal syndicates, illegal occupation, and the erosion of state authority in Johannesburg’s inner city. They stressed that such buildings pose a serious threat to public safety, urban governance and the rule of law and must be addressed decisively but warned that decisive action must remain lawful and accountable.
However, the party accused Tshwaku of publicly stating and demonstrating that he is negotiating with occupants of hijacked buildings and “reclaiming” buildings through executive action. “These actions appear to be taking place without any Council-approved policy framework, without court orders, and outside the processes prescribed by the Constitution and national legislation. This gives rise to serious concern that powers not conferred by law are being exercised,” ActionSA said.
[paywall]
The party pointed to Section 26 of the Constitution, which explicitly states that evictions and displacement require judicial oversight. It also referenced the Prevention of Illegal Eviction (PIE) Act, which mandates that alternative accommodation be considered before any removals can occur, particularly for vulnerable occupants.
[/paywall]
