Inhabiting the Ruins of the City of Tshwane

Authors

DOI:

https://doi.org/10.17159/1727-3781/2024/v27i0a16945

Keywords:

Schubart Park, spatial justice, ruination, inhabitance, City of Tshwane, Justice Froneman

Abstract

In the inner city of Tshwane stand the skeletons of four high-rise buildings – the remains of Schubart Park. While there are no more people inside the ruins of these buildings, they contain the stories of the relations between a city and its inhabitants. In 2012 Justice Froneman wrote the judgment that ordered that the inhabitants of Schubart Park should be reinstated in their former homes, after they were evicted by the City of Tshwane in 2011. More than ten years after his judgment, there is (again) a plan to move the former residents back. From a spatial justice perspective and through Ann Stoler's work on ruination, Chris Butler's call for inhabiting the ruins and Ivan Vladislavić's short story We Came to the Monument, I reflect on how court judgments stand between the possible and the impossible. I call for a re-imagination of the ways in which the municipality can relate to the inhabitants of the City and argue that Justice Froneman enables this re-imagination through his judgment in Schubart Park.

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Author Biography

  • Isolde de Villiers, University of the Western Cape

    Associate Professor, Department of Public Law and Jurisprudence, University of the Western Cape.

References

Bibliography

Literature

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City of Tshwane Metropolitan Municipality Report of the Special Mayoral Committee 06/2023 (14 June 2023) (on file with the author)

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Case law

Fose v Minister of Safety and Security 1997 3 SA 786 (CC)

Occupiers of Saratoga Avenue v City of Johannesburg Metropolitan Municipality (CCT 12/12) [2012] ZACC 9 (24 May 2012)

Pheko v Ekurhuleni Metropolitan Municipality 2012 2 SA 598 (CC)

Port Elizabeth Municipality v Various Occupiers 2005 1 SA 217 (CC)

Rikhotso v Northcliff Ceramics (Pty) Ltd 1997 1 SA 526 (WLD)

Schubart Park Residents Association v City of Tshwane Metropolitan Municipality 2013 1 BCLR 68 (CC)

Tswelopele Non-Profit Organisation v City of Tshwane Metropolitan Municipality 2007 6 SA 511 (SCA)

Legislation

Constitution of the Republic of South Africa, 1996

Disaster Management Act 57 of 2002

National Building Regulations and Building Standards Act 103 of 1977

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

Government publications

GN R2378 in GG 12780 of 12 October 1990

Internet sources

Anonymous 2017 Schubert Park Residents to March to Tshwane Municipality https://www.polity.org.za/article/schubert-park-residents-to-march-to-tshwane-municipality-2017-03-14 accessed 10 August 2023

Berlinton T 2023 City of Tshwane Unlocking Development through Strategic Property Releases https://www.tshwane.gov.za/?p=58739 accessed 10 August 2023

Housing Company Tshwane 2020 Housing Company Tshwane https://www.govpage.co.za/housing-company-tshwane-hct-vacancies/housing-company-tshwane accessed 10 August 2023

Tshabalala N 2020 Former Schubart Park Residents are not Happy at the New Building! https://www.r2k.org.za/2020/04/16/former-schubart-park-residents-are-not-happy-at-the-new-building/ accessed 10 August 2023

Published

11-06-2024

Issue

Section

Special Edition: A Tribute to Justice Froneman

How to Cite

de Villiers, I. (2024). Inhabiting the Ruins of the City of Tshwane. Potchefstroom Electronic Law Journal, 27, (Published on 11 June 2024) pp 1-15. https://doi.org/10.17159/1727-3781/2024/v27i0a16945

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