People experiencing homelessness gathered outside the High Court and Civic Centre in Cape Town on Monday, in protest against the High Court-approved evictions of people living around the city centre.
The protest comes ahead of evictions anticipated to be carried out after 30 July, by the sheriff of the court. The City of Cape Town was on 18 June granted an eviction order for unlawful occupations around Buitengracht Street, FW De Klerk Boulevard, the Foreshore and other nearby areas. In the City’s statement on the matter, it says the order includes an interdict against unlawful occupations in the area and other City-owned spaces.
“The ruling comes after a lengthy court process since the initial granting of an order for eviction notices to be served in February 2023. The hearing of the matter was then delayed until October 2023 by an eleventh-hour notice to oppose filed by a Johannesburg-based NGO.”
The City says this comes after repeated offers of assistance to those in need, especially in the form of its Safe Spaces. But Dean Ramjoomia, of the civil society organisation, the Nehemiah Call Initiative, says these Safe Spaces does not offer enough beds for all those in need.
“Part of the mobilisation was to protest against the City that built a 60-bed so-called safe space, for close to over 3000 people that live on the streets, in the immediate CBD.”
In April, the sheriff and members of the South African Police Services evicted unlawful occupants along various road reserves and bridges around Culemborg in the eastern part of Cape Town CBD. Ramjoomia says the officers involved in these evictions, often treat occupants like “undesirables”.
“Many of our people have been, on a regular basis, assaulted by the [Cape Town Central City Improvement District], police and law enforcement. They are using the most vulgar and nastiest language when they engage our people.”
Supreme Court battle on unlawful occupation
Earlier this month, the City noted that the Supreme Court of Appeal upheld the right to protect property from unlawful occupation. This is after the EFF and South African Human Rights Commission wanted to remove the right of property owners to quickly retake their property, during an illegal occupation without needing a court order.
“This case originated during the height of lockdown, at a time when the City conducted 993 anti-land invasion operations in 2020/21 in response to large-scale orchestrated illegal occupation attempts, which led to the formation of some 159 settlements, mostly on uninhabitable, unserviceable land. Over the last five years, the City has responded to protect around 3000 parcels of land.”
The courts confirmed this right is legal and constitutional.
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