More than 160 people living in informal homes on Transnet-owned land in Woodstock, Cape Town, have lost their application for leave to appeal their eviction. The occupiers, who claim to have been living on the land for over a decade, were ordered by Judge ED Wille of the Western Cape High Court to vacate the land by September 30. They argued that evicting people without emergency accommodation is unlawful, particularly in a large eviction.
The eviction order applied to 161 people, and the occupiers, represented by Ndifuna Ukwazi, applied for leave to appeal. However, Judge Wille turned down their request for leave to appeal, stating that alternative accommodation is an important factor but not a precondition for eviction. The judge said the occupiers had not provided enough evidence that they would be homeless if evicted, with only 106 filing affidavits, none of which stated that eviction would leave them homeless.
The occupiers relied mostly on a spokesperson's affidavit, which the judge described as hearsay and contradictory to other affidavits. Judge Wille described the affidavits as "vanilla standard-form" and lacking in credibility. The judge also stood by his finding that the site was being used for criminal activity, citing crime statistics provided by the City of Cape Town.
The City of Cape Town had argued that the occupation was a crime hot spot, with over 100 attacks on cyclists, including 27 armed robberies, over an eight-month period. The City alleged that tunnels under the property were used to store drugs and stolen goods. When GroundUp visited the site in July, residents denied responsibility for the crime in the area.
Zamuxolo Gulwa, an attorney at Ndifuna Ukwazi Law Centre, stated that they would study the judgment, consult with clients, and discuss their legal options. Ward councillor Ian McMahon (DA) said he was following the case closely and planned to report back to the community. McMahon emphasized that while no one should celebrate any eviction, the issues raised in the judgment regarding criminality linked to the area needed to be addressed.
The judgment highlighted the complexities of eviction cases, particularly in areas with high crime rates. Judge Wille made no order as to costs, leaving the parties to bear their own expenses. The occupiers will now have to consider their next steps, potentially including further legal action.
The case has significant implications for residents living in informal settlements and highlights the need for adequate housing and emergency accommodation. The City of Cape Town and other stakeholders will be watching the situation closely, as it may set a precedent for future eviction cases.
Key points
- The occupiers had been living on the land for over a decade.
- The judge ruled that alternative accommodation is not a precondition for eviction.
- The site was found to be a crime hot spot, with over 100 attacks on cyclists reported.
