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.
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.
ActionSA said the PIE Act exists to ensure due process and to prevent arbitrary executive action, adding that municipal governance frameworks are clear that policy authority vests in Council, not in individual MMCs acting unilaterally.
“At present, there is no Council resolution or approved framework authorising the MMC to negotiate control of buildings or effect ‘reclamation’ outside judicial processes,” the party said.
The party further called on Lesufi to intervene by exercising Section 139 oversight in the matter and to instruct the Executive Mayor of Johannesburg to formally investigate the conduct of the MMC for Public Safety, including his compliance with constitutional, statutory, and council processes. It also urged that all actions relating to hijacked buildings be fully aligned with the Constitution, the Prevention of Illegal Eviction (PIE) Act and Council-approved policy frameworks.
ActionSA stressed that Johannesburg requires leadership that is firm and decisive against criminality while remaining equally committed to constitutional governance, accountability, and the rule of law, warning that lawful authority must be strengthened rather than bypassed.
Meanwhile, the ANC in Johannesburg has fired back at ActionSA leader and former mayor Herman Mashaba, accusing him of distorting facts and overlooking the deterioration of the city’s inner core during his own tenure. The party said Mashaba’s comments were misleading and politically opportunistic.
The response follows Mashaba’s criticism of the City of Johannesburg’s approach to hijacked buildings, where he claimed the current administration was “negotiating with criminals” and lacked a coherent plan for properties taken back from illegal occupiers. ANC Greater Johannesburg spokesperson Mantombi Nkosi rejected the accusations, describing them as disconnected from the realities on the ground.
Nkosi said the hijacked buildings crisis remains one of Johannesburg’s most complex urban challenges and cannot be solved through evictions alone. She emphasised that the issue goes beyond law enforcement, requiring a housing and development-driven response that balances public safety, human dignity and long-term inner-city renewal.
The Star