City acting against seemingly orchestrated attempts to invade land, illegally occupy projects
20 July 2020
Seemingly orchestrated attempts to invade land and illegally occupy City projects have been plenty over the last week. Coming in the wake of much pressure from various corners against the City’s anti-land invasion operations, some are likely taking the opportunity to destabilise and justify lawlessness. Attempted and/or successful invasions have occurred on conservation land, on City projects, threatening the opportunities of rightful beneficiaries, and also on community facilities including parks and playgrounds, among others. Attempts continue unabated. It is also very clear that many of the newly invaded areas across the metro has been most affected by the recent floods, often due to the land being located on floodplains or in wetlands. Read more below:
The majority of the most flooded informal settlement areas in Cape Town resulting from the storm last week are newly invaded settlements that have not been earmarked for housing as the land is unsuitable because it is a flood plain or wetland.
Various areas across the metro are currently under strain from attempts to invade land for services, nature conservation land, play parks or City housing projects. The City, together with law enforcement agencies, is doing its best to thwart the attempts but it is mostly large-scale, well-planned, well-funded and orchestrated invasions. Actions to prevent the invasions or illegal occupations are also being met in some areas with extreme violence and destruction of property and the breaking down of community facilities.
Apart from what seems overwhelmingly to be orchestrated attempts, there are the instances where illegal occupiers are claiming they have been evicted by their landlords as they are unable to pay rent. It must be noted this is illegal. Landlords may not evict tenants for non-payment during the lockdown period.
Attempts to illegally occupy land, City projects or community facilities include several orchestrated attempts in Mfuleni and Khayelitsha. Other areas include Wallacedene, Delft (Blikkiesdorp), Dunoon, Firgrove (Macassar), Milnerton, Nyanga among others.
‘What we have here is likely a situation of political and other opportunism. Encouraged by those shouting for the City not to act against land invasions and illegal occupation, many now see this as a green light to go and invade land, community facilities and City projects.
‘This comes in the wake of the court case involving the South African Human Rights Commission (SAHRC), represented by the pro land invasion Legal Resource Centre. It seeks to interdict the City from conducting any and all anti-land invasion operations. The SAHRC is further asking the court to void all existing court orders protecting specific sites from invasion.
‘The EFF has joined the SAHRC matter as a third party, but looking specifically at Mfuleni, where it is involved. This party also argues the City may not perform operations on City land or to protect the nature conservation land as the case may be.
‘There needs to be a societal consensus that we do not move forward and make progress when we invade land. Look at the flooding misery where newly invaded areas have been the most affected by the recent storms. We also do not have the resources as a City to continuously divert funds from planned projects in our Integrated Development Plan to newly invaded areas. The money we are getting from the national government is decreasing but the settlements and basic services needs are increasing. It does not add up. It is simply negative for Cape Town as a community in general and we simply cannot sustain this. Land owners must also ensure that they protect their land from illegal occupation, especially if it is large, unfenced land.
‘It is clear that many thousands of law-abiding residents are silently bearing the severe impact of land invasions due to the unlawful actions of a relatively small group of people who occupy land illegally. We will also strengthen our inter-governmental relations platforms where we can, as it appears that lawlessness is being strengthened in the highest offices of the country, be it deliberately or negligently. In June, Mayor Dan Plato wrote to President Cyril Ramaphosa requesting that he call an urgent meeting with all spheres of government to address a sustainable and coordinated way forward as the limited resources allocated to municipalities combined with legislative constraints make the prevention of unlawful land occupation increasingly difficult,’ said the City’s Mayoral Committee Member for Human Settlements, Councillor Malusi Booi.
The City monitors attempts to invade land and illegally occupy projects and acts where it can. It uses aerial imagery, among others, to track attempts to occupy land. It uses photographs and video to document operations. It makes decisions on operations in collaboration with a number of stakeholders, including the South African Police Service and the relevant law enforcement operations. It follows the rule of law and as in the rest of the country, it attempts to thwart land invasion as it becomes flood-, fire-, health- and safety risks for the occupiers and the broader communities.
Anonymous tip-offs welcomed:
Residents can give anonymous tip offs if they are aware of illegal activity that is taking place; that has happened or is still to happen. Please call 112 from a cell phone (toll free) and 107 from a landline or 021 480 7700 for emergencies.
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Published by:
City of Cape Town, Media Office
