Ruling of import
The Western Cape High Court this week made a remarkable ruling when it dismissed an application for an estimated 60 000 people to be evicted from the Marikana informal settlement in Philippi.
The property’s owners had been prevented from developing it into a mixed business and industrial area after homeless people and backyard dwellers invaded the land in 2006. Since then there have been applications by the owners to stop people building homes on the land and to have them evicted.
This week the court not only dismissed an eviction application, it also ordered the City to negotiate with the property’s owners about purchasing the land and, if negotiations fail – to expropriate the land.
South Africa’s housing crisis is a ticking time bomb. Cape Town is not the only metro people from other areas flock to in search of work and better services, among others. The City’s housing backlog stood between 360 000 and 400 000, and is growing at a rate of 16 000 to 18 000 units a year, according to the Human Sciences Research Council.
The court’s ruling, while hailed as groundbreaking, also has serious implications. It would not be incorrect to suggest the City must now find money to buy the land – and that money may have to come from ratepayers. Another implication is that the owners are forced to sell or have the land expropriated. Whatever happens, the Marikana residents will remain. Does this mean open season for land invaders, who are mostly people who do out of sheer desperation?
Marikana is not the only privately owned land invaded. There is also Isiqalo near Mitchells Plain where thousands of people have settled. The court ruling may be a victory for the people of Marikana, but by implication it seems to okay land invasions. We hope this is not the case because what about the thousands of people on the housing list – the majority who have been waiting for many years?
Private land owners should take note of the ruling. Leaving land unused or unattended is not a good idea any more. As for the City – it seems to be between a rock and a hard place. It will be interesting to see how this scenario unfolds.