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2026
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[2026] ZAGPJHC 282
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Msibi and Others v Ekurhuleni Metropolitan Municipality and Others (2020/39915) [2026] ZAGPJHC 282 (17 March 2026)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case Number: 2020/39915
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED: YES
17
March 2026
In
the matter between:
MFANZILE
THULEBONE MSIBI
First Applicant
RUPHIE
HOMBA
Second Applicant
PAUL
SPHIWE MOFOKENG
Third
Applicant
ANGEL
SIBISI
Fourth Applicant
THEMBA
MABUNDA
Fifth Applicant
PATRICK
NDLOVU
Sixth Applicant
THULANI
CYPRIAN NGOBESE
Seventh Applicant
DANIEL
SHIMZA KHOZA
Eighth Applicant
LINDIWE
NKOSI
Ninth Applicant
THABILE
DLADLA
Tenth Applicant
MOSES
MKHABELA
Eleventh Applicant
THUSONG
SECTIONAL COMMITTEE
Twelfth Applicant
THE
FURTHER RESIDENTS OF THUSONG INFORMAL SETTLEMENT
Thirteenth to Five Hundred and Ninth Applicants
and
EKURHULENI
METROPOLITAN MUNICIPALITY
First Respondent
EXECUTIVE
MAYOR OF THE EKURHULENI METROPOLITAN MUNICIPALITY
Second Respondent
MEMBER
OF THE MAYORAL COMMITTEE FOR HUMAN SETTLEMENTS,
EKURHULENI
Third Respondent
HEAD
OF DEPARTMENT: HUMAN SETTLEMENTS, EKURHULENI
Fourth Respondent
MEMBER
OF THE MAYORAL COMMITTEE FOR WATER, SANITATION AND ENERGY,
EKURHULENI
Fifth Respondent
HEAD
OF DEPARTMENT: ENERGY, EKURHULENI METROPOLITAN
MUNICPALITY
Sixth Respondent
CITY
MANAGER, EKURHULENI METROPOLITAN MUNICIPALITY
Seventh Respondent
MEMBER
OF THE EXECUTIVE COUNCIL FOR HUMAN SETTLMENTS, GAUTENG
Eighth Respondent
MINISTER
OF HUMAN SETTLEMENTS
Ninth Respondent
DIRECTOR-GENERAL:
DEPARTMENT OF ENERGY
Tenth Respondent
MINISTER
OF ENERGY
Eleventh Respondent
ESKOM
HOLDINGS LIMITED
Twelfth Respondent
JUDGMENT
CRUTCHFIELD J
[1] The applicants seek
declaratory relief against the Ekurhuleni Metropolitan Municipality,
the first respondent, and various
others ordering them to take steps
aimed at upgrading and providing electricity to Thusong Informal
Settlement situated at Moleleki
Extension 3 (“Thusong”).
[2]
The first to seventh respondents, being various government and
municipal departments and office holders, oppose the application.
The
eight to twelfth respondents do not participate in the application.
Accordingly, references to “the respondents”
hereunder
refer to the first to seventh respondents.
[3] At the time that the
application came before me, the respondents had filed a supplementary
affidavit in respect of which
they sought the leave of this court.
The applicants had delivered an answer to the supplementary
affidavit. The respondents sought
an opportunity to deliver a
supplementary replying affidavit but delivered what they termed a
“clarification affidavit.”
Whilst the applicants
opposed the filing of the supplementary affidavits, the affidavits
contain facts that are relevant
and important to the just
finalisation of the application. Accordingly, I intend to allow the
supplementary affidavits to be admitted.
[4]
The first applicant together with the
remaining applicants reside at addresses in Katlehong, Germiston.
[5]
The first respondent is cited as the local government authority
having jurisdiction over Thusong and is responsible for
the delivery
of housing and municipal services to its residents.
[6]
The respondents allege that Thusong is
located at Moleleki Extension 3, situated on Portion 81 of the
Farm Rietfontein 153
IR, Germiston. The land on which Thusong is
situated is owned by the Gauteng Provincial Government in terms of
Title Deed T1[…].
This information appears on the feasibility
report prepared by Isifingo Development (Pty) Ltd, which was
commissioned by the Gauteng
Provincial Government in August 2003.
[7] At the hearing before me on
4 August 2025, the respondents submitted that
a
portion
of Thusong is
situated on Erf 1[…], the owner of which is a private juristic
entity, Inventron (Pty) Ltd, which is not cited
in the application
and is not a party to the application.
[8]
The applicants deny that Inventron (Pty) Ltd is the owner of the
relevant land and submit that the Windeed search provided
by the
respondent in support of their submission refers to Erf 1[…],
which the applicants allege is a vacant field and not
the land
occupied by the applicants or any members of the Thusong community.
According to the applicants, no one occupies the land
comprising Erf
1[…].
[9]
The matter stood down until 6 August 2025 on which date the
respondents did not pursue the argument relating to Inventron
Pty
Ltd.
[10]
However, the respondents provided a Windeed search of Portion 81 of
the Farm Rietfontein 153 IR. The search did not contain
information
on ownership of Portion 81 but stated that the local authority in
respect of Portion 81 of the Farm 153 IR is Midvaal
Local
Municipality situated in the province of Gauteng.
[11] Midvaal Local Municipality
(“Midvaal”) is not cited as a party to the application.
[12]
The applicants contend that Midvaal does
not have a direct and substantial interest in the outcome of the
application and there
is no need for Midvaal to be joined as a party
to the application. This is because Gauteng Province handed the UISP
project of
upgrading Thusong to the City of Ekurhuleni and not to
Midvaal.
[13]
Furthermore, the first respondent is
providing services to the inhabitants of the land described as
Moleleki Extension 3.
[14]
The applicants submit that notwithstanding that local government is
at the coal face of service delivery including having
obligations to
initiate and plan for the upliftment of communities, Midvaal does not
need to be joined to the application.
[15]
The applicants overlook the fact that Thusong is situated
within the geographical area and jurisdiction of Midvaal. That
together
with the fact that the application deals with and claims the
provision of municipal services, makes Midvaal an interested party.
Midvaal is entitled to know what transpires in respect of an informal
settlement situated within its area of jurisdiction.
[16]
Midvaal may choose not to oppose or to
participate in the application but it is entitled to make an informed
choice in that regard.
This it can only do if it is joined as a party
and provided with the papers in the application.
In my view,
Midvaal has a direct and substantial interest in the application
notwithstanding that the project of upgrading Thusong
was allocated
to the first respondent.
Midvaal is entitled to be
joined as a party to the application.
[17]
In the circumstances, I grant the following order:
1. The application is postponed.
2. The supplementary affidavits
delivered by the respondents and the applicants are admitted.
3. The applicants are ordered to
take the steps necessary to join Midvaal Local Municipality as a
party to the application.
4. Each party will pay its own
costs of the hearings on 4 and 6 August 2025.
CRUTCHFIELD
J
JUDGE
OF THE HIGH COURT
JOHANNESBURG
For
the Applicants:
Mr L Mdabe and Ms D Makhaza instructed by the Legal Advisory and
Information Centre (LAIC) Law Clinic.
For
the Respondents:
Adv E N Sithole instructed by M B Mabunda Inc.
Date
of the hearing:
4 and 6 August 2025.
Date
of the judgment:
17 March 2026.