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Court criticises Strandfontein community groups for attempting to evict homeless

The matter was heard this morning.The Court was critical of the community’s application in that it in effect sought to evict the homeless persons from the shelter during a pandemic and without citing the homeless persons as respondents in the application and without providing workable alternatives.The City filed a detailed affidavit setting out the medical, health and safety measures currently in place at the shelter, including measures related to social distancing and hygiene protocols mandated in terms of the National State of Disaster declaration in relation to COVID-19.The Court accepted that the City had taken measures based on current knowledge and that the City’s response evidenced an approach based on lessons learned as the pandemic progressed and based on the needs and experiences of the occupants. The City confirmed that the intention was that this was always a temporary site as had been relayed to the applicants before the application was brought. The court was critical of the fact that the applicants, despite being advised of the City’s intentions, had nevertheless approached the court on an urgent basis, giving the City effectively one day’s notice of the proceedings.As has always been the intention, the shelter will be closing over the coming weeks, and the occupiers will be moved in a phased approach to a number of decentralised sites.The City emphasised that there could not simply be a blanket movement of persons and that any relocation would have to take into account the current regulations, the medical and social needs of the occupants and their human rights.It has been unfortunate that the City has had to endure this sustained political attack while doing its utmost to care for the homeless.

2020-04-29T22:00:00Z

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