Pheko v Ekurhuleni Metropolitan Municipality (No 2) (CCT19/11) [2015] ZACC 10 (7 May 2015) per Nkabinde J.

Contempt proceedings were a sequel to the supervisory relief granted by the Constitutional Court on 6 December 2011.  Effectively the Municipality violated the applicants’ rights under section 26 of the Constitution and had a duty to provide the applicants with suitable temporary accommodation.  It was ordered to meaningfully engage with the applicants in identifying alternative land and the Court exercised its supervisory jurisdiction to enable the Municipality to report to the Court about “whether land has been identified and designated to develop housing for the applicants”.   The requisites for contempt of court were outlined including the initiation of proceedings by the Court itself.  Although it was decided that no person was in contempt of court, due to lack of service, the attorney was ordered to pay 50% of the costs de bonis propriis (out of his own pocket) for his gross negligence.