Judge: residents pursue complaint
DESPITE being happy that Western Cape High Court Acting Judge Leslie Weinkove recused himself from the matter, Bromwell Street residents are still pursuing a complaint lodged with the Judicial Service Commission against his conduct.
They said they believed his conduct violated their right to dignity and breached the code of ethics required of judges.
The recusal was set to be argued on August 3 and 4, but because Weinkove recused himself, the application by Ndifuna Ukwazi Law Centre, on behalf of the residents, has been rendered moot.
Weinkove made a number, of what residents called insensitive remarks, in hearings earlier this year, to the experiences of the poor and working class in the city.
Ndifuna Ukwazi Law Centre lawyer Disha Govender said residents were pleased with the recusal and were all looking forward to the proceedings to be restarted.
“Legal representatives for all parties involved met last week and Acting Judge Mark Sher will hear it afresh.
“Even though the papers are the same, the legal representatives will be given the opportunity to re-argue the matter that is set to be heard in September.”
She added that since the last court appearance, the centre filed another affidavit in the main matter alerting the court that the city is still non-compliant with the original environmental authorisation for Wolwerivier despite a social audit report by residents articulating problems with fire safety and amenities in 2014.
The city plans to relocate the 27 residents to an incremental development area in Wolwerivier, a move they have steadfastly rejected.
“The Bromwell Street residents seek an order declaring that the city has a constitutional obligation to provide them with emergency accommodation in an area as close as is feasibly possible to their present homes.
“The city argues that Wolwerivier is the only temporary relocation place available along the west coast, whereas the Bromwell Street residents say the relocation camp would further entrench their vulnerability,” Govender said.