The City of Johannesburg (COJ) was guilty of maladministration and improper conduct in connection with the illegal occupation of two privately owned buildings, the public protector said in a report released on Thursday.

The complainants, Tshepo and Phindi Kgaudi, had approached the COJ in 2009 to assist them in cutting off the electricity in the newly purchased buildings in order to get rid of illegal occupants, Thuli Madonsela said in her report.

"The acts of the COJ constitute maladministration as envisaged in section 6 of the Public Protector Act and improper conduct as envisaged in section 182 of the Constitution," she said.

The COJ had failed to honour promises made to the Kgaudis, the presidency and her office.

The Kgaudis had also been unduly billed for electricity and other services.

Madonsela found that "by failing to take resolute action against Councillor Zwane, the COJ did encourage not only illegal occupation but also encouraged other councillors to do what he did".

The COJ had also undertaken to do something unlawful by undertaking to assist in the eviction of the unlawful occupants while it did not have the power or authority to do so, she said.

She found that the complainants were "severely prejudiced by the COJ's maladministration, financially, emotionally and psychologically" as they had subsequently lost everything.

The Kgaudis' family and employees had also been prejudiced by the COJ's maladministration.

The remedial action Madonsela recommended was that council buy back the buildings as redress for the harm caused to the complainants by the COJ.

Investigations into the COJ's failure to provide the Kgaudis with the expected services and into all privately owned buildings that were illegally occupied should be conducted, she said.

The COJ should apologise to the complainant's family "for the gross maladministration and consequent trauma" and ensure that appropriate action was taken against Councillor Zwane.