The housing rights group, Ndifuna Ukwazi, has condemned the Passenger Rail Agency of South Africa (PRASA) for its alleged failure to comply with a Western Cape High Court ruling.

According to Ndifuna Ukwazi, the court, last Friday, ordered PRASA to return structures belonging to occupiers living on state-owned land along Old Marine Drive, within 24 hours. However, the group claims that PRASA has not yet adhered to the order, sparking accusations of contempt of court.

According to Ndifuna Ukwazi, the eviction (which took place on 19 and 22 August) saw PRASA Protection Services, along with other security personnel, demolishing homes and confiscating personal belongings, leaving the residents without shelter during a period of heavy rain.

READ MORE: Ndifuna Ukwazi on Old Marine Drive Eviction

“This is a simple case. PRASA took the law into its own hands, demolishing the homes of poor and vulnerable people. PRASA’s refusal to accept and comply with the order, to take accountability and rectify its wrongs, adds insult to injury.”

Meanwhile, PRASA spokesperson, Andiswa Makhanda, has rejected the allegations of non-compliance, arguing that the agency is not in contempt as they have filed a notice of their intent to appeal the ruling.

“PRASA’s legal department has studied the judgment and, in consultation with legal counsel, has taken the decision to take the matter on appeal.”

Cogger says no formal application for appeal has been submitted as yet. He adds that Ndifuna Ukwazi will continue its legal battle until the occupiers’ homes and possessions are either returned or replaced.

At the time of the eviction, the organisation also accused PRASA officials of assaulting an elderly man. PRASA noted that it would be investigating the incident.

“PRASA takes note of the allegations regarding the use of violence against its Protection Officers and is currently investigating the matter,” said Makhanda last month.

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