The Green Point occupiers who were recently evicted by law enforcement officers from the City of Cape Town have reportedly been given a reprieve. They have been occupying tents and informal structures on a piece of vacant land next to the Green Point Tennis Court for over a year.
According to IOL, an agreement was reached by legal counsel for the affected homeless people and the City of Cape Town, but the draft order by the Western Cape High Court recognised that this agreement wouldn’t resolve the dispute between the parties.
The eviction and demolition of these homes were reportedly conducted at the instruction of Cape Town Mayor Dan Plato and in the presence of officials from the City’s Social Development Department, and occurred despite law enforcement officials being unable to produce a court order authorising the eviction. The non-profit organisation Ndifuna Ukwai stated that this eviction was illegal.
Danielle Louw, an attorney for the occupiers, maintained that this is in direct conflict with the Constitution and the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 (PIE Act). This mandates that a court order considering all relevant circumstances must be granted before an eviction can be executed, as well as a nation-wide moratorium on evictions imposed in response to the deadly COVID-19 pandemic in terms of the Disaster Management Act Regulations.
Even though some of the occupiers’ items were returned, there have been complaints that life-supporting antiretroviral drugs and artwork are still missing.
This matter is expected to be argued in court on Tuesday.