Eviction challenge in court

Settlement residents start legal proceedings against City over Khayelitsha demolitions

THE community of eMpolweni, in Khayelitsha, have been sleeping outside since their homes were demolished.

They have now filed an urgent court application against the City.

The matter will be heard today in the Western Cape High Court.

Nkosikhona Swartbooi, from human rights group Ndifuna Ukwazi, said: “This is the sixth night that families will sleep outside, after Law Enforcement and the Anti-Land Invasion Unit confiscated their housing material.

“Leaving people out in the cold during the global pandemic, with no food or water, puts them at higher risk of contracting the coronavirus.”

The Legal Resources Centre has taken the City to court, to prevent the further demolition of shacks and eviction of residents.

The centre filed court papers on Tuesday in the Western Cape High Court.

The rights group said the City’s actions were unlawful in the current lockdown context, since the minister called for all evictions to be suspended.

Judge President John Hlophe instructed judges to suspend eviction applications, including the execution against residential immovable property, until April 17.

Swaartbooi said: “In the context of an informal settlement, demolition amounts to eviction – as people are rendered homeless. It is with great sadness that we witness the City opting to break the directives suspending all evictions, in the midst of a pandemic.”

According to the City, since the national lockdown started at the end of March there have been at least 16 known attempted land invasions in total, where illegally erected and unoccupied structures have been removed by the City.

Mayco member for human settlements Malusi Booi said: “The illegal occupation of vacant land during this period may have dire consequences.

“These illegal settlements have no access to services, which is a great concern because of the serious health and hygiene, fire, flood and safety risks.

“The City does not have the capacity to manage unplanned and unbudgeted settlements, at the expense of existing settlements.

“We can see the effects of illegal invasions in pockets across the metro, and especially during the Covid-19 pandemic.

“This also has a detrimental effect on the City’s mandate to provide housing to its most vulnerable residents and rightful beneficiaries.”