The Gauteng High Court in Johannesburg has delivered a mixed ruling in a legal dispute between GoldenRod Group and the City of Johannesburg over alleged illegal structures erected at Marble Towers in the Johannesburg CBD.
The City alleged that GoldenRod Group constructed container-style and informal trading structures at the base of Marble Towers without approved building plans, in contravention of South African building regulations.
According to the municipality, the structures are illegal and pose safety risks, including concerns relating to fire hazards and evacuation procedures. The City further stated that it had been attempting to secure compliance from the developer since 2022.
In its ruling, the court interdicted GoldenRod Group from continuing any further construction work and prohibited the continued use of the non-compliant structures.
However, the court also ruled that the City may not immediately demolish the structures and must first follow the appropriate legal procedures and obtain the necessary authorisation before carrying out any demolition.
The judge found that the structures were “clearly illegal” and stated that the developer had been aware of the compliance issues for several years without taking corrective action. The court also described the urgency claimed by the developer as “self-created”.
Despite this, the court emphasised that even unlawful structures cannot be demolished without due legal process.
GoldenRod Group has now been ordered to immediately halt all construction activities, secure the site within 72 hours, remove structures erected on public land, and submit proper building plans within 20 days.
The developer must also address outstanding fire safety concerns, including evacuation routes and emergency exits.
The ruling further allows the City to inspect the site and enforce compliance measures should the developer fail to act, although any demolition process must still comply with legal requirements.
The court also ordered GoldenRod Group to pay the City’s legal costs.
The judgment is expected to have broader implications for future disputes involving informal and mixed-use developments within Johannesburg’s inner city, reinforcing both municipal enforcement powers and the importance of due legal process.
