Bo-Kaap interdict upsets residents
‘Violent acts, petrol bomb’ at construction site cited in order
THE COMMUNITY of the Bo-Kaap has been interdicted from interfering with the work of a developer trying to demolish the St Monica’s Maternity Hospital.
Judge Robert Henney granted the interdict in a packed High Court on Friday. Bo-Kaap residents represented themselves against the interdict sought by Blok developers.
The interdict – the application of which was announced on a loud hailer two days before the hearing – cited violent acts committed by civic organisations, including a petrol bomb at their construction site, as part of the reason for the interdict.
It further prohibited anyone from going near the development alongside St Monica’s Home.
The angry residents said the short notice of the interdict gave them no time to get legal representatives to defend them, and denied that the violence mentioned could be attributed to the respondents.
Ebrahim Christian, who was specified in the interdict, said: “The community is angry. It’s not touching one person but the entire community. He’s a big developer fighting a poor community.
“We’re already fighting gentrification and high rates and now he wants to dictate to us. It’s not going to work, it’s an old apartheid tactic.
“Currently, his development is standing still because of the community, but the protest is not even close to his development.
“All the respondents mentioned (in the interdict) are basically the whole community he’s taking out an order against.”
Bo-Kaap Civic Association chairperson Osman Shabodien said the builder and developers wanted to outlaw the movement of Bo-Kaap residents in their own area, as they were too poor to afford legal representation to fight their battle.
Shabodien said the developer was infringing on their human rights, which was why the SAHRC had taken up the issue.
SA HRC commissioner Chris Nissen, who attended the hearing, said he came to support the community on the principle of justice and fairness.
“We’re the defender of human rights in SA. We’re here to defend the rights of this community so they’re not having their rights violated. The order states that even if their family members come over, they may be arrested because some developers decided to bring out a broad order of the court to protect their interest against a whole community with 300 years of history. We are here because they’re in court,” said Nissen.
Judge Henney made a recommendation that the imam of the Leeuwen Street mosque, Dawood Terblanche, and representatives of the Human Rights Commission have a discussion with the developer and discuss the manner in which they proceed with the development.
Judge Henney granted the order against the six respondent to interdict and restrain anyone from committing acts of arson or vandalism, or entering or passing the construction site. The ruling also prohibits residents from actively interfering, intimidating or harassing anyone, subject to the right of peaceful protest.
Judge Henney said: “If action should happen, the SAPS is authorised to take action. I can’t grant an order to take your right to protest away, but it must be peaceful. “Those who oppose this judgment can file papers by Monday, August 6, and you can contest on August 17.”
Blok developers did not respond to enquiries before going to press.