Evictions opposed in Marikana dispute

JUDGMENT has been reserved in a matter where three landowners are seeking relief from thousands of illegal occupants in Philippi on the Cape Flats.

Close to 60 000 Marikana informal settlement dwellers, represented by the Socio-Economic Rights Institute of South Africa, are respondents in the matter where landowners Iris Fischer, Manfred Stock and others, as well as Coppermoon Trading approached the Western Cape High Court to either evict the occupiers from the land or to grant an order directing the state to purchase the occupied land at market value.

Respondents include the City of Cape Town, the national ministers of Rural Development and Land Reform, Police and Human Settlements, as well as the MECs of human settlements and community safety.

This week, scores of Marikana residents protested outside the court while the matter was heard inside.

According to court papers, most of the occupiers are unemployed, and those who are working earn less than R1 500 per month.

The dwellers began occupying the land at different intervals between 2014 and last year, mostly after they were evicted by landlords when they could not afford to pay rent.

In its heads of argument, the institute argued on behalf of the occupiers that the court grant an order requiring the city to consider the expropriation of the land, and the provision of basic shelter and services on it.

The city said it had not violated the landowners’ property rights as claimed by them. It argued against an eviction, saying emergency accommodation could not be provided for the occupiers, and eviction from the land would render them homeless.

“Accordingly, the city submits that it would not be just and equitable to order their eviction with immediate effect in that it would be inhumane and not practically feasible to do so in the particular circumstances”, the city asserted.

The land in question includes Erf 150 Philippi owned by Fischer; erven 145, 152, 156, 418, 3107 Philippi and portion O of Farm 597, owned by Stock and others, as well as Erf 149, owned by Coppermoon Trading.

The government departments argued that it was the owners’ responsibility to secure their land in the first place. “As regards the order effectively directing the purchase of the property, we respectfully submit that such an order is not competent.”

No evictions are permissible while the matter is in court.

noloyiso.mtembu@inl.co.za

PICTURE: DAVID RITCHIE Dozens of Marikana residents sang and danced outside the Western Cape High Court as they waited to hear the outcome of their court case. About 60 000 people live in shacks on what is privately owned land. Dwellers began settling in 2014, and over the...