The Gauteng High Court in Pretoria has ordered the eviction of occupants from an illegally constructed multi-storey building in Proclamation Hill, Pretoria West, and directed the owner to demolish the structure.
In a judgment handed down on 14 May 2026, Judge Holland-Muter ruled in favour of the City of Tshwane Metropolitan Municipality in its application against property owner George Asaba and the occupiers of Erf 178, 47 Arcadia Avenue.
The court found that the building had been erected without approved building plans and in violation of the National Building Regulations and Building Standards Act.
According to the judgment, the property was zoned for “one dwelling house”, meaning the City could not legally approve plans for a multi-storey residential structure on the site.
The court heard that the City received complaints about illegal construction on the property in September 2022. Municipal inspectors later confirmed that construction was underway without approval and that stop-work notices issued to the owner were ignored.
Judge Holland-Muter said the municipality had both a constitutional and statutory duty to ensure compliance with building regulations and to prevent unsafe structures from being occupied.
The judgment further noted that the building contained illegal electricity connections, posing a potential fire hazard to residents and neighbouring properties.
The court found that Asaba had allowed tenants to occupy parts of the unfinished building while continuing construction and collecting rental income from occupants.
The judge described Asaba as a “repeat offender”, citing a previous court matter in which he was found to have unlawfully constructed another multi-storey building without municipal approval.
“The conduct of the First Respondent is that of a defiant person with no regard to the legal position regarding building operations,” the judgment stated.
The court rejected arguments that the occupiers would suffer prejudice if evicted, ruling that they were aware the building had not been lawfully approved.
In terms of the order, the occupiers have 30 days to vacate the premises. Should they fail to leave within the stipulated period, the sheriff, assisted by the South African Police Service and municipal authorities, may carry out the eviction.
The court also ordered Asaba to demolish the unauthorised structure within 15 days after the property has been vacated.
In addition, he was ordered to pay legal costs on the High Court scale, including the legal costs of the municipality and the second respondents.
