Sherley Markowitz, an 81-year-old pensioner, was forced to leave her Orange Grove home in Johannesburg when a municipal stormwater culvert collapsed in 2020, creating a massive sinkhole. The disaster not only destroyed her property but also her livelihood, as she had been running a home-based hairdressing salon. Markowitz and her husband had renovated the older house, and the salon was an essential part of their income. The collapse occurred when Markowitz was in the house, and she narrowly escaped injury.
Despite multiple court cases and binding high court judgments ordering the City of Johannesburg to remedy the situation, the municipality has repeatedly failed to act. Markowitz's lawyer, Chantelle Gladwin-Wood of Schindlers Attorneys, took on the case pro bono, resulting in several high court applications. The court ordered the City to provide alternative accommodation, removal, storage facilities, and security at the site. However, the City has defaulted on these orders, leaving Markowitz in a state of limbo.
In December 2020, Judge Leonie Windell granted an urgent order recognising the danger and commanding immediate municipal intervention. The court directed the City to obtain alternative accommodation for Markowitz at its own cost and to rehabilitate the property. The City was also ordered to pay costs on an "attorney and client scale". However, the City failed to comply with the order, and Markowitz was forced to return to court.
In July 2023, Judge Evette Dippenaar intervened, compelling the City to deliver crucial documents requested under Uniform Rule 35(12). The court warned that failure to comply would grant Markowitz leave to apply for an order striking out the City's defence. The City was once again penalised with punitive costs. Markowitz's situation remains uncertain, with her goods in storage and her landlord considering selling the rental unit she is living in.
By late 2025, the City had begun defaulting on its obligations to pay Markowitz's basic survival stipends. Acting Judge HF Oosthuizen issued an emergency interim order, directing the City to make payment within 24 hours and establish advance payment mechanisms. The court also mandated a high-level meeting to reach consensus on the engineering plans to restore the culvert. However, the City's inaction has continued to cause Markowitz distress.
Markowitz's lawyer, Chantelle Gladwin-Wood, has expressed concern about the psychological toll of the past six years on her client. Markowitz lives in constant anxiety, feeling powerless and uncertain about her future. She is grateful for Gladwin-Wood's pro bono representation but feels that the City's actions have caused her significant mental anguish and stress.
The City of Johannesburg's inaction has resulted in significant costs, including rent for a temporary flat, storage fees for Markowitz's goods, legal fees, and 24-hour security guards for an abandoned house. Markowitz believes that the City's actions have been unreasonable and that she should be compensated for the mental anguish and stress she has endured. The case highlights the need for the City to take responsibility for its infrastructure and its citizens.
Key points
- The City of Johannesburg has repeatedly failed to comply with court orders to remedy the situation.
- Markowitz has been living in a state of limbo for six years, with her goods in storage and her future uncertain.
- The City's inaction has resulted in significant costs and distress for Markowitz.
