City to appeal Singabalapha ruling

15 October 2020

Statement by the Mayoral Committee Member for Safety and Security, Alderman JP Smith

The City of Cape Town has instructed its lawyers to lodge an appeal against the ruling handed down by Acting Judge Selwyn Hockey in the Western Cape High Court on 6 October 2020.

The judgment interdicts the City from evicting the residents of the Singabalapha informal settlement and while the court found that the City is entitled to enforce the relevant by-laws, the implication of the findings is that law enforcement officers cannot pursue any further breaches of these by-laws at this site.

This is an untenable situation and for this reason, the City is obliged to apply for leave to appeal.
The judgment has ramifications for all residents.

The City's Law Enforcement, and other security departments, have been doing diligent work enforcing by-laws to ensure chaos doesn't ensue.

If the judgment stands, any attempts by the City to enforce the provisions of the by-law will be met with legal challenges with lawlessness as the result.

In addition, the applicants failed to meet the legal requirements for an interdict to be granted and as a matter of law, there is no basis for it.

End

Published by:
City of Cape Town, Media Office