City taken to court over demolished structures
VRYGROND residents are preparing to voice their dissatisfaction in the Western Cape High Court after the City demolished their structures.
Last week the City’s anti-land invasion unit demolished shacks on a piece of land named Xakabantu, which has been identified as a nature reserve.
Judge Ashley Binns-Ward awarded a draft order for oral evidence to be heard urgently, which was expected this week.
Vrygrond Community Forum chairperson Michael Khumalo said: “There were more than 50 families left displaced, more than 100 children, and some were being housed in the community hall or with other community members.
“Many were living in makeshift structures. People are tired of waiting for the City to sort out the land problem, we know this belongs to Vrygrond and the community build structures,” he said.
Khumalo said that they were told the land had been identified as a nature reserve and could not be used for housing, but they disputed this as the land was originally part of Overcome Heights and meant for them.
Vrygrond community lawyer Vernon Seymour said the residents were given no prior notice and would be arguing that the City’s actions were unlawful in evicting the residents or demolishing structures on the site.
“The City in their own answering affidavit they said that their members ‘investigated the status of the structure in question, which suggests that they were aware their actions were unlawful. We will meet with Judge Binns-Ward this week as the matter has been marked as an urgent application,” he said.
Mayco member for human settlements Malusi Booi said the City followed strict legislation in terms of the demolition of illegal structures.
“Illegal structures are demolished when they stand in the way of progress within the development process. Our team is reviewing the situation in terms of the land and the high court application and will be making a determination tomorrow (today),” he said.
Booi said the matter was now before the court and he could not comment any further.
People are tired of waiting for the City to sort out the land problem Michael Khumalo Community forum chairperson