Actually that is exact the judge's place. The courts, not government, is the highest power in the land under our constitution and a clear part of the court's mandate is to force government to fulfill its constitutional obligations.
The city if Cape Town keeps losing court cases over eviction and housing. Yet rarely appeals. If 'just a high court judge' was so wrong why do they hardly ever appeal? Surely they would then think the appeals court or concourt would side with them?
Yet they do not usually appeal. Because their approach is to evict unconstitutionally and challenge it in court using a trial to buy time. Once they lose they do what they should have done in the first place. But only for those who can afford a court challenge and 6 months to a year later. 
If government can game the system then why shouldn't citizens?