Hundreds of undocumented foreign nationals were evicted from two illegally occupied buildings in Commercial Street, Cape Town, following a rejected court application to prevent their removal and a court order served on 31 August 2023.
The Department of Home Affairs, City Law Enforcement and the South African Police Service coordinated the operation, targeting illegal foreigners living in buildings near Parliament.
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When Independent Media arrived at the scene, personal belongings cluttered the pavement outside 42 and 44 Commercial Street and the site was buzzing with law enforcement activities. A bus and a truck were seen transporting undocumented individuals to the immigration office in Epping.
Over 50 motorbikes bearing logos of various delivery services were seized. When asked for his documentation, a foreign man fought with the police, claiming it was on his motorcycle. He was then brought into custody. Another man hiding in the ceiling was also handcuffed and led away.
Inside, the buildings revealed makeshift shacks and signs of a recent fire, broken toilets and effluent water.
The eviction notice, addressed to 266 respondents, mandated vacating the property by 31 December 2023. The notice authorised eviction after January 4, 2024, should the squatters fail to comply.
It reads: ‘The first to 265 respondents (hereinafter “respondents”) are ordered to vacate property situated at 44 to 48 Commercial Street, Cape Town, Western Cape, also known as erf 177651, Cape Town, Western Cape (‘the property’), by no later than 31 December 2023.’
‘In the event the respondents fail and/or refuse to vacate the property, the sheriff of the above honourable court, duly assisted by the SAPS insofar as same may be necessary, is authorised and directed to evict them from the property, together with their belongings, with said eviction not to take place before Thursday, 4 January 2024.’
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One evictee, Benjamin Bemba, expressed dismay at the lack of alternative housing provisions. He told IOL about issues with the building’s management and their unsuccessful legal efforts to delay the eviction.
He declared, ‘They had to give us alternative places if they were evicting people. Where must we go now? What about our stuff?’
Junaid Jumat, a lawyer representing the foreigners, admitted to being involved late in the process, which hindered their legal response.
‘We drafted papers yesterday to bring an application to the high court, which at the time of the eviction had not proceeded because the people were out of the property. We were instructed too late.’
Police spokesperson Malcolm Pojie reported that over 100 undocumented individuals were sent for verification, and others were instructed to leave immediately. Additionally, arrests were made for drug dealing and resisting arrest.
‘In addition, members arrested a 30-year-old man for dealing in drugs as well as a 40-year-old man for resisting arrest and for assault with intent to cause grievous bodily harm. Both will appear in the local magistrates’ court once charged. These suspects are currently being processed,’ he explained.
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Picture: Paul Volkmer / Unsplash