The City of Cape Town says it will oppose an application by activist organisation Ndifuna Ukwazi to appeal a court ruling that clears the way for the eviction of more than 160 people from Transnet-owned land in Woodstock and Salt River.
The dispute has placed land rights, housing and public safety at the centre of an increasingly contentious battle over the occupied land close to some of Cape Town’s busiest transport routes.
Ndifuna Ukwazi has applied for leave to appeal the Western Cape High Court judgment. It wants the matter to be heard by the Supreme Court of Appeal or, alternatively, by the Western Cape High Court.
The City, however, believes an appeal could prolong problems that it says are affecting nearby communities, businesses, cyclists and motorists.
Mayco member for Safety and Security JP Smith said the City was particularly concerned about reported attacks on cyclists and other criminal activity in the area.
He pointed to reports involving cable theft, drug dealing and other forms of crime, saying the occupation had contributed to growing safety concerns around the site.
Smith also referred to incidents highlighted by the Pedal Power Association, saying attacks on cyclists had underlined what the City considers to be an ongoing threat to people using the surrounding roads.
According to the City, the situation has also affected a cycling route used by people travelling towards the CBD.
The City says evidence presented during the court proceedings included allegations of cable theft, drug dealing and other criminal activity at and around the occupied land.
A court site inspection was also conducted before the eviction order was granted.
Smith said the City respects the right of people and organisations to seek legal remedies, but believes prolonged litigation could make it harder to address the safety concerns.
The City is particularly worried about the impact on cyclists, N1 road users, surrounding residents and businesses.
Smith argued that an appeal process could take months or even years, while the City says incidents affecting the area are continuing.
The broader dispute is therefore no longer only about who may remain on the Transnet land. It has also become a question of how the rights of occupants are balanced against the rights of people who use the surrounding roads and infrastructure.
The City has also called on Transnet to take action to prevent the occupation from expanding and to restrict unauthorised access to its property.
Smith said Transnet also faces vandalism and crime-related challenges while the occupation remains unresolved.
For Woodstock and Salt River residents, businesses and commuters, the issue is likely to remain a difficult one. The area sits close to major transport links and is part of a well-used corridor into central Cape Town, meaning developments on the land can have consequences beyond the immediate site.
The City says it will oppose Ndifuna Ukwazi’s application for leave to appeal.
In the meantime, Smith has urged residents to continue reporting criminal activity allegedly linked to the occupied land to City Enforcement and the South African Police Service (SAPS).
The legal dispute now moves into another phase, with the competing concerns of housing and land rights on one side and public safety and access on the other.
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Also read:
Transnet Culemborg eviction: High Court orders occupiers to vacate Cape Town site
Picture: Ndifuna Ukwazi / Facebook
