The Western Cape High Court has granted the City of Cape Town an eviction and interdict order against people unlawfully occupying Tuin Plein Park and several adjoining streets in the East City District, ruling that the eviction is “just and equitable” as no one will be rendered homeless.
The matter, heard on 14 October and delivered by Judge G. Da Silva Salie on 24 October, was brought under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
The City sought to remove individuals living in makeshift shelters across Tuin Plein Park, Hope Street, Wandel Street, Vrede Street, and nearby road reserves, and to prevent reoccupation of those public spaces.
Background to the case
The City first launched the application in 2024, citing health, safety, and public hygiene concerns. Seventy-two identified respondents and a number of unnamed occupiers were living in informal structures made from cardboard and scrap materials in and around the park.
In September 2024, the court referred the matter to mediation, which led to a settlement between the City and some occupiers represented by the non-profit organisation Ndifuna Ukwazi (NU). The agreement saw several residents relocate to the City’s Safe Space 2 facility or similar shelters, while others continued discussions regarding companion animals.
NU later withdrew from representing 46 individuals who declined participation in the settlement. The remaining occupiers, unrepresented at the final hearing, continued to live in the area.
Court’s inspection and findings
Before delivering judgment, Judge Da Silva Salie personally conducted an inspection in loco at both the Tuin Plein Park encampment and the City’s Safe Space 2 facility in the Foreshore.
The court observed that the occupied area lacked basic sanitation and was surrounded by sensitive sites, including a school, an old-age home, and a clinic. The judge described the conditions as unsafe and unsanitary, with open fires and refuse posing “hazardous, health and safety risks to the community.”
By contrast, the Safe Space facility was found to be clean, secure, and equipped with ablution facilities, two meals daily, social worker support, and access to health and rehabilitation programmes. The court noted that the programme provided “a dignified and structured environment” with sufficient capacity to house the affected residents.
Legal reasoning
Citing section 4(6) and (7) of PIE and several Constitutional Court precedents, including Port Elizabeth Municipality v Various Occupiers and Blue Moonlight Properties, Judge Da Silva Salie held that eviction was justified where alternative accommodation was available and no one would be left without shelter.
“The City has discharged the onus of demonstrating that eviction, coupled with the provision of adequate alternative accommodation, is just and equitable,” the judge ruled.
The court recognised the occupiers’ concerns about the shelter’s rules and curfews but found these to be reasonable given the facility’s communal nature and objectives of reintegration and rehabilitation.
The order
The court granted:
- An eviction order requiring all remaining occupiers to vacate Tuin Plein Park and the adjoining streets within 30 days of the order.
- An interdict prohibiting the respondents from reoccupying the area after eviction, to prevent recurring encampments.
- Alternative accommodation to be made available at the City’s Safe Space shelters, with respondents required to inform the City within three weeks if they intend to accept the offer.
- No order as to costs, given the constitutional nature of the dispute and the constructive engagement that took place.
In conclusion, Judge Da Silva Salie said the City had “acted with restraint and diligence” and that the relief granted was “humane, lawful, and proportionate.”
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