Need for clarity on invasion unit

A KHAYELITSHA resident is seeking to define the guidelines under which land invasion units operate.

This was in response to the City of Cape Town demolishing informal structures in Makhaza, Khayelitsha on three occasions between March 10 and April 10.

Andiswa Kolanisi and 2017 others had their structures dismantled by members of law enforcement, the department of security and the SAPS without an eviction order as required by law.

According to the City of Cape Town, there was an interdict at the time.

In court yesterday, Kolanisi’s lawyer, advocate Sibonile Khoza, said there was uncertainty over what an occupied and unoccupied structure were.

According to the existing order, the City has the right to demolish unoccupied structures.

Khoza said: “It seems to me that there are disputes of facts regarding whether the structures demolished were in fact unoccupied.

“If a structure is complete, you almost can’t say its unoccupied, it is likely that it may have been occupied.”

Khoza asked how the City determined what constituted a complete and occupied structure, and what did not.

“There is no distinguishing the two. There must be some kind of guideline regarding what is an occupied structure in the context of an erected shack.”

Khoza said there was no way to determine whether officials on site were able to differentiate the two.

“Once a structure is erected and is complete, that starts to be a home. The mere fact that no person is inside doesn’t mean it’s unoccupied, one could be at work at the time.

“The court should draw inference that a complete structure is likely occupied,” he said.

Khoza asked that the court amend the existing order with a supplement of the guidelines included.

He also wants that oral evidence from Kolanisi and others be admitted.

The City has denied demolishing occupied structures. It argues that structures demolished were unoccupied and that illegal occupiers were aware of the interdict. –