Cape Town - The City of Cape Town has compensated the 46 homeless people living in Sydney Street, District Six, for the wrongful eviction and impounding of personal belongings it carried out last year.
The parking lot occupiers, represented by Ndifuna Ukwazi, took the City to court after its Law Enforcement unit in September last year confiscated and dispossessed approximately 100 occupiers of their homes and personal belongings.
In October the high court declared the City’s use of municipal by-laws to confiscate and “dispossess” tents, informal structures, and personal possessions belonging to the occupiers unlawful in terms of Section 26(3) of the Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998.
It also interdicted the City from evicting the occupiers or confiscating their tents, informal structures, or personal possessions without a court order.
Some of the occupiers were charged with contravening the by-law relating to Streets, Public Places, and the Prevention of Noise Nuisances and the Informal Trading by-law, while other occupiers were charged with contravening the Coastal by-law “to block or impede coastal access land or deface infrastructure relating to coastal access land”.
However, the City appealed against what it said was an untenable high court judgment to return all tents, materials, and property or pay damages of R1700 each as compensation.
However, in February, the high court ruled against the City and ordered it to compensate the 46 people it had illegally evicted.
Ndifuna Ukwazi lead attorney for the residents of Sydney Street, Danielle Louw, said the organisation had been inundated with reports of profound harassment and illegal activity that happened to people who could not afford to live in a brick house.
“The City’s actions compound the trauma of our clients, and others in their position, causing a bigger strain on public services, like health.
“The City needs to invest more time in seeking dignified alternatives that are holistic; sending a brother with a gun is not the solution,” she said.
The City’s spokesperson, Luthando Thyalibongo, said while the City had been granted leave to appeal against the ruling, the process would have been costly, time consuming, and with limited prospect of success in resolving the unlawful occupation.
Thyalibongo said the City would pursue alternative means of supporting the protection of restitution land in District Six.
“The City notes a pattern often of Ndifuna Ukwazi clients indefinitely refusing offers of shelter and social assistance, while continuing to reserve public spaces from being available to wider public use. The City currently has a standing interdict to protect District Six restitution land from an unlawful occupation,” he said.
Thyalibongo said the national government had further indicated its intention to join efforts to protect land in District Six.