Weekend Argus (Saturday Edition)
Evictions, demolitions case in court
JUDGES hearing an application for an interdict against the City following the recent eviction and demolition of homes have their “work cut out”.
Western Cape High Court Judge Yasmin Meer and Judge Rosheni Allie heard two days of arguments in the application for an urgent interdict lodged by the South African Human Rights Commission (SAHRC), Bulelani Qolani and others.
The EFF were allowed to join the applicants in the case.
Qolani was dragged naked in public from his Empolweni home on July 14 by the City’s Anti-Land Invasion (ALIU) Unit, an incident which Judge Meer described as a “blight on our society”.
The interdict seeks to, among other things, prevent the City from demolishing homes in informal settlements across the metro without a court order.
The parties also want the interdict to oblige the City to carry out demolitions with a court order and in a manner that respects the dignity of evicted persons.
Advocate Norman Arendse, for the SAHRC argued that his clients were entitled to interim relief especially during the period of disaster.
He argued that the manner in which the demolitions and evictions were carried out was done so in a “volatile and hostile” situation and the officials could not be allowed to carry on like that.
The existence and powers granted to the ALIU was questioned as well as a recent tender notice by the City for contracted services of demolishing homes in informal settlements.
Arendse submitted that the City’s argument that it had the right to counter-spoliate to protect its property in the face of illegal land “incursion” did not make “two wrongs right”.
With reference to the dragging of Qolani, which he described as “torture”, Arendse argued that ALIU officials were used to having “their bad conduct filmed. They have a behaviour which the City is condoning.”
Legal counsel for the City Sean Rosenberg earlier argued that the City had the right to counter-spoliate and that the officials only demolished homes that were not occupied.
He argued that Qolani’s home was also demolished because he had moved in only a day before, even though there was an indication of “furniture” and some instruments.
Legal counsel for the Mfuleni residents Tembeka Ngcukaitobi argued that a relief for two months was imperative as the City’s officials acted in a “whimsical, arbitrary” manner, suggesting that decisions on whether or not to demolish a structure was taken based on “opaque” decisions.
“It’s clear from papers filed with this court that the anti-land invasion officers were at some stage not clear about whether to demolish one structure and had to seek the opinion of a metro police official. We cannot have a situation where officials are given so much power that allows them to act in an arbitrary way,” he argued.
Ngcukaitobi asked that the City to return building material to his clients and also R2 000 in compensation.
After the closing arguments, Judge Meer said they had their “work cut out” but would deliver a ruling or at least and order soon, as the matter was urgent.