Dozens of tenants renting flats in Proclamation Hill could soon be homeless after the Gauteng High Court in Pretoria granted the City of Tshwane permission to demolish an illegally constructed four-storey building owned by developer George Asaba.
The ruling, delivered this week, marks a decisive win for the municipality in its crackdown on illegal developments and “repeat offender” landlords who bypass zoning laws.The dispute centers on a property at 178 Proclamation Hill, 47 Arcadia Avenue. According to the City, Asaba erected a multi-storey residential building without approved building plans and in direct violation of the property’s zoning certificate, which only permits a single dwelling.
Construction began in June 2023. The City issued multiple stop-construction notices, but work continued. By August 2024, court documents show the building had grown to three storeys despite an earlier interdict barring further construction. The High Court found Asaba and his company, Gabsa Consolidated Prop (PTY) Ltd, in contempt of court for disregarding the July 2024 order.
Judge Flora Monama, MMC for Corporate and Shared Services, said the structure was “riddled with illegal electricity connections that pose a severe fire hazard and poses an immediate danger of total structural failure.” “The unauthorised structure was built entirely without approved building plans,” Monama stated. “Asaba has long been a thorn in the City’s side… for years, he has acted as a law unto himself.”
The court ordered the complete removal of all illegal structures and occupants and held Asaba liable for demolition costs. While the City frames the demolition as a safety and law enforcement win, the ruling leaves tenants in limbo. The court’s order requires “the complete removal of all illegal structures and occupants,” meaning families who rented units in good faith may face sudden eviction.
Legal experts note that under the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE), occupants should be included in proceedings to ensure alternative accommodation is considered. It’s unclear if this was done in the current case.This isn’t Asaba’s first run-in with the City. In 2024, the High Court dismissed his appeal against the demolition of two other high-rise buildings in Pretoria West built without approved plans.
MMC Monama accused him of exploiting vulnerable residents for financial gain while costing the municipality revenue and placing lives at risk.The City says it will now move to execute the demolition and eviction order. No date has been set publicly, but officials say the building is unsafe for occupation.
For tenants, the priority will be finding urgent alternative housing. For the City, the case is being used as a warning to other developers flouting building regulations.
