Court reserves judgment on Cape Town's eviction appeal in Strandfontein

Judgment has been reserved in the City of Cape Town’s bid to appeal a verdict that set aside an interim order to evict occupiers on a stretch of land in Strandfontein.

The City on Friday said in response to the court’s decision: “The City awaits the court’s judgment and will respond further at that stage."

The appeal relates to a March 2022 judgment that denied the City a final order to evict "unlawful occupiers".

The matter is between the City, with applicants Johannes Michael van Rooyen, and all persons who are attempting to occupy ERF 1213, 1215, 21168.

Among others, the City is seeking via their appeal, clarity over whether the interim order permitted it and the sheriff with the police, to remove individuals by demolishing unoccupied structures or whether the Court was using its power not to allow the City to act.

According to the court appeal documents, Van Rooyen and the families did not dispute City ownership, but argued the City was not entitled to the order.

They said the City unlawfully evicted families on March 5, 2022, before obtaining the interim order, and that the City's conduct was unreasonable given the vulnerability of the residents.

Ashraff Cassiem, of the Western Cape Anti-Eviction Campaign, who has been acting in a paralegal capacity for the affected persons, said it was the community’s rights being violated.

“The matter was heard on July 23 as the Anti-Eviction Campaign, in collaboration with the Western Cape Aboriginal Governance Council,” he said.

“We are pleased that there will be no attempts to evict the families and also bring an end to intimidation by ALIU and the Law Enforcement Officers and other City officials. 

“Furthermore it will bring clarity to the councillor who did not realise that the City lost its case. '

"However, we hope that this and other cases like this will hasten the City, province and the State  to create a plan for land and housing for thousands of homeless Khoi and San people in Cape Town, descendants of the originally colonised nation living in abject poverty and having to resort to self help to survive. Judgment in today's case is reserved.”

Marshall Petersen from the Western Cape Aboriginal Governance Council told the Cape Argus the community’s constitutional rights were being infringed.

“The City is showing how they are taking the law into their own hands, they override the court proceedings with their personal army that they are using - law enforcement,” he said.

“The City is harassing the people instead of helping them.”

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