Occupiers of Transnet land in Woodstock and Salt River have approached the Supreme Court of Appeal to prevent their eviction. This comes after the Western Cape High Court refused to hear their initial appeal.

The application to the SCA was filed by Ndifuna Ukwazi (NU) last week, Friday, 2 October. The eviction, which was due to be carried out this past weekend, was therefore halted.

The MMC for Safety and Security, JP Smith, has also condemned alleged violent behaviour when the Sheriff of the Court issued the ejectment notice to the occupiers on Thursday, 1 October.

“Under the veil of “protecting human rights”, NU’s actions only allow crime to continue, prolong the awful living conditions of people living there illegally, and undermine the rights of residents in the broader community.”

Smith says with the matter now before the courts again, it may take several more months, if not years, to clear the site.

Ndifuna Ukwazi says the appeal to the SCA targets the Western Cape High Court’s “unprecedented order authorising eviction and demolition without directing the City of Cape Town to provide emergency accommodation, threatening immediate homelessness.”

But in his decision on 28 September to refuse the occupiers’ leave to appeal application, Judge Derek Wille said the applicants had failed to provide sufficient direct evidence about their individual circumstances or to establish that the eviction would leave them homeless. The original eviction order was handed down in July.

The occupiers argued, among other things, that they should not be evicted without alternative emergency accommodation. But the court found that while the availability of alternative accommodation is an important consideration, it is not an absolute requirement before an eviction can be granted.

Of around 281 people represented in the matter, only 106 additional affidavits were submitted after the court specifically gave the occupiers an opportunity to provide information about their personal circumstances.

But the judge said no proper details were made available in the affidavits, and some statements conflicted with evidence from a spokesman.

Evidence of tunnels and criminal activity

The judgment also refers to evidence presented by the City of Cape Town, which was a respondent in the case, about criminal activity in and around the occupied properties. Evidence included numerous muggings, smash-and-grab incidents, the stripping of vital infrastructure, cable theft and other crimes.

The court considered crime statistics, the geographical concentration of criminal activity, the physical features of the properties and evidence gathered during an inspection in loco.

During the inspection, the court said a series of tunnels was discovered beneath the occupied properties, which were alleged to have been used to store drugs and stolen goods.

The court considered the tunnels alongside crime statistics and other evidence, including what it described as the undisputed existence of tunnels and structures within the occupied areas.

Judge Wille said the evidence supported the inference that the property was being used as a base for criminal activity, while the occupiers had relied largely on general denials and had not substantively challenged the findings from the inspection.

MMC Smith says this illegal occupation and associated anti-social and criminal behaviour have placed an enormous strain on City and SAPS resources.