City ‘wasting money’ on appeal

Interdict follows continued ‘harassing’ of Singabalapha residents

SINGABALAPHA residents in Observatory have described the City’s plans to appeal the interdict they were recently granted at the Western Cape High Court as a continued waste of money.

This as the City yesterday said it had instructed its lawyers to lodge an appeal against the ruling handed down by Acting Judge Selwyn Hockey on October 6.

The residents were granted an interdict to stop the City from evicting them without a court order, confiscating residents’ personal property and harassing or abusing them.

“The judgment interdicts the City from evicting the residents of the Singabalapha informal settlement, and while the court found that the City is entitled to enforce the relevant by-laws, the implication of the findings is that law enforcement officers cannot pursue any further breaches of these by-laws at this site,” said mayoral committee member for Safety and Security, JP Smith.

“This is an untenable situation, and for this reason the City is obliged to apply for leave to appeal.” Smith added that the judgment had ramifications for all residents.

“If the judgment stands, any attempts by the City to enforce the provisions of the by-law will be met with legal challenges, with lawlessness the result.”

The interdict followed complaints from the group that the City had used its by-laws to constantly harass them since May this year.

In a statement, the residents said the judgment was sound and based on well thought out engagement by Acting Judge Hockey.

“It is unfortunate that the City of Cape Town is planning to appeal the ground-breaking Cape High Court order.

“The City has lost a large number of big court cases this year concerned with the illegal eviction of residents. For the City to appeal the judgment, is not only a huge waste of taxpayers’ money, but also tantamount to disrespecting our rights as residents of the city,” the residents said.

“In whose interests is the city acting? Definitely not in the best interests of the people. Saying that the judgment ‘will lead to lawlessness’ shows nothing but the disdain the City holds for the people,” Singabalapha residents said.

“The judgment has proven that it is the City of Cape Town which acts with lawlessness. This is why we need the court’s protection.

“As it stands, we have exceeded a year staying outside with no services even though they are constitutionally obliged to provide us with water, ablutions and electricity,” they said.

The judgment has proven it is the City which acts with lawlessness Singabalapha residents