Cape Town sues EFF for march damage
City wants R1.3m from civic group
The controversial anti-racism march on Brackenfell High School last year has come back to haunt the EFF.
The City of Cape Town wants the party to fork out more than R87,000 for damage to public infrastructure during the protest.
Mayor Dan Plato said the city had launched a civil claim against the EFF. The party descended on the school en masse on November 20 amid an uproar about a matric farewell party that was attended only by white pupils.
Plato said the city’s lawyers had issued a letter of demand to the party, saying the damage caused violated “agreed gathering conditions with the SA Police Services and Western Cape High Court”.
“EFF members damaged traffic lights at several intersections, set fire to a vacant field and damaged public vehicles, including a fire engine.
“A total amount of R87,312.25 is being sought from the EFF to cover the costs of infrastructure repair and firefighting equipment.
“The EFF has 21 days to make payment into the city’s bank account or face a summons, which will also include a claim for legal costs to recover the funds, plus interest.”
Plato said the city also issued a summons to activist organisation Gatvol Capetonian for more than R1.3m in damages related to a shutdown of major routes in August 2019.
“The city’s civil claim states that it was ‘reckless, wrongful and unlawful’ of this organisation to incite a ‘shutdown’, while violating their Gatherings Act obligations to give notice, appoint conveners and marshals, and refrain from violence,” he said.
Plato said the city’s lawsuit was bolstered by a “landmark precedent” set by the Constitutional Court in 2012. The court compelled the South African Transport and Allied Workers Union (Satawu) to pay the city R1.5m for damages it incurred during a protest.
“It is disappointing when political organisations cause harm to community infrastructure and damage critical assets that are installed to uplift communities,” said Plato.
But the EFF and Gatvol Capetonian are not taking the fight lying down. EFF provincial chairperson Melikhaya Xego confirmed receipt of the city’s letter of demand.
However, he said, police were responsible for the chaos.
“We blame the police who shot our members with rubber bullets and stun grenades,” Xego said, adding he would see the City in court.
“The City of Cape Town did not want the march to happen in the first place and now that it exposed racism in Brackenfell, they are trying to blame us for the violence and damages emitted by the police. The police knew that their rubber bullets and stun grenades would not only hurt the protesters, but damage properties, and yet they went ahead. The city’s law enforcement was part of those that attacked protesters. We opened a case against them for brutality.”
Gatvol Capetonian leader Fadiel Adams said Cape Town was worried about losing byelections in Delft, where his organisation supported the Cape Coloured Congress.