The City of Tshwane this week secured a significant legal victory after the Gauteng North Division of the High Court interdicted the North West Housing Corporation (NWHC) from proceeding with the controversial auction of more than 400 municipal properties.
The court ruling, handed down on Tuesday, 2 September, came just in time to prevent what the city described as an unauthorised bulk sale of mixed-use properties located in Mabopane, north of Tshwane.
In a media statement, City of Tshwane spokesperson Selby Bokaba, said the city was compelled to seek urgent legal intervention after the NWHC advertised the properties for disposal through an online auction platform.
“The properties in question belong to the City of Tshwane, raising serious questions about the housing corporation’s authority to conduct such sales.”
In addition to halting the auction, the High Court issued several critical orders that strengthen the city’s position in this dispute. The NWHC has been directed to produce its complete asset register for inspection within 14 days of the court order being granted.
This asset register, which relates to all properties the NWHC claims authority to sell, has been a point of contention. The city has reportedly been struggling to gain access to this crucial documentation, which would clarify the housing corporation’s claims over municipal properties.
The court also ordered the NWHC to bear the city’s legal costs, adding financial consequences to the housing corporation’s failed attempt to proceed with the auction.
Following the successful court application, the City of Tshwane is now in the process of formally serving the court order to the NWHC through the Sheriff of the Court, ensuring proper legal compliance with the High Court’s directives.
City officials have described the court ruling as a major victory, emphasising the significant financial losses that would have been incurred had the auction proceeded without proper municipal consent and approval.
The case highlights ongoing tensions between municipal authorities and housing corporations over property rights and the authority to dispose of public assets. The outcome sets an important precedent for protecting municipal property from unauthorized disposal.
