The Western Cape High Court has ruled in favour of the 36 households of the Makhasa informal settlement in Cape Town in a relocation dispute that has been dragging on for nearly two decades.
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The City of Cape Town now has to return to the drawing board to renegotiate the terms of the residents’ relocation. ‘The dispute has been ongoing for nearly 19 years, with the City of Cape Town being accused of using threats, bullying and intimidation tactics to scare the residents into ending up homeless and destitute, rather than provide them with suitable land for their homes,’ says Boitumelo Boshupeng, Legal Aid spokesperson.
The City of Cape Town began the first phase of servicing a plot of land near the informal settlement in 2021 and instructed 36 households to relocate their shacks to the newly serviced plot. However, according to IOL, the residents learnt that the City was relocating other residents from other informal settlements to the same plot.
‘The City then instructed the 36 Makhasa households to again pack up their shacks and relocate to an unsuitable and unserviced plot of land (which other informal settlers were moved from because of its unsuitable nature) and reassured them that they would form part of the second phase of relocations.’
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Boshupeng says this is when the residents of Makhasa refused to relocate. They questioned why they were not considered as part of the first phase and whether the municipality would be providing new materials for suitable shacks. ‘Instead of continuing discussions with the 36 households, the municipality proceeded with legal action and obtained an unlawful interdict against the community members.’
A member of the 36 households enlisted the assistance of the Legal Aid South Africa Athlone local office as the interdict filed against them restricted access to the newly serviced plots and accused them of assaulting City officials and contractors, as well as the destruction of municipal property.
The group is represented by Legal SA lawyer Charlotte Makua, who argued that evidence provided to the court was hearsay, as none of the City officials and contractors participated in the legal proceedings. ‘Additional arguments also touched on the urgency of the application since the interdict was granted in 2021 but was never enforced. The High Court agreed that the interdict was unlawful and the City of Cape Town was ordered to engage with the 36 households to find a suitable arrangement.’
She says the City of Cape Town attempted to circumvent the legal process for eviction by gaining an interdict. ‘[This means that] they would not need to provide alternative accommodation, as in the case of an eviction proceeding. We are pleased that the affected residents will not suffer from mass destitution.’
She adds that the community feels vindicated by the finding and believes that the matter should be dealt with around the negotiation table instead of in court. ‘I am glad that we will not live in fear of eviction since City officials constantly threatened us and some residents even left the area due to that intimidation. We hope to be relocated to a serviced and suitable plot of land and not be offered a hazardous location to live.’
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According to IOL, the City of Cape Town was not aware that the court action had taken 19 years. ‘The PIE application has been issued for the respondents to be moved and to make way for the works and completion of the project that will see the improvement of the living conditions of the residents in question.’
Legal Aid’s response confirmed that the dispute has however been ongoing since 2002. ‘Part of the dispute was that the City was mandated to formalise their settlement and provide each household with municipal services (water, electricity, etc.), which had not happened prior to 2021. That is what our media release refers to as a ‘nearly 19-year dispute’, not a court case. Our application to the High Court in August 2022 focused or related to the unlawful interdict the City obtained in 2021.’
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