City fights to retain right to protect land from invasion
24 March 2021
The City of Cape Town is ready to oppose the legal bid by the South African Human Rights Commission (SAHRC), the EFF and Legal Resources Centre to remove existing rights landowners have to protect property.
The City is opposing an application in the Western Cape High Court to be heard from 25 to 26 March, in which the SAHRC and EFF argue for:
a court order to first be obtained before a landowner can act to stop an invasion in real-time, when it is crucial to remove structures while these are still half-built and unoccupied;
the well-established legal right to counter a land invasion – known as ‘counter-spoliation’ – to be declared unlawful to the detriment of all public and private property owners;
the City’s Anti-Land Invasion Unit to be declared unlawful, and for the striking down of tenders for support services, leaving no means to perform this public service.
The City currently relies on court interdicts, which explicitly permit counter-spoliation to stop unlawful occupation attempts in real-time, including the removal of half-built and unoccupied structures. All property owners rely on this legal right to act urgently to stop the theft of property before it is too late.
It is vital that the City is able to protect public land from mostly well-organised unlawful occupation attempts, which are often backed by criminal syndicates seeking to profit from illegal plot-selling and electricity connections. During coordinated invasion attempts, fully-built structures can even be dropped onto sites and furniture thrown in to create the impression of a ‘dwelling’.
Between January - December 2020, the City removed over 16 700 unlawfully erected vacant structures and 82 800 pegs used to earmark plots for illegal occupation.
‘The SAHRC, EFF and Legal Resources Centre are seeking the removal of all the means the City has to protect land from unlawful occupation. We stand ready to oppose this application and the chaos it is intended to bring about. This matter is important, not only for all public and private landowners, but for all communities impacted by ongoing organised land invasion attempts. On behalf of all law abiding residents, we will stand up for the rule of law and the development goals of our city,’ said the City’s Executive Mayor, Alderman Dan Plato.
The Western Cape Government and South African Police Service (SAPS) are joining the City in opposing the application.
This is not the first time the matter has been argued before the Western Cape High Court. Judges Meer and Allie could not reach agreement on a ruling, and so the matter is being heard all over again by a panel of three new judges.
In the interim, the Supreme Court of Appeal (SCA) has agreed to hear the City’s appeal against the earlier interdict granted by Judges Meer and Allie which, if left unchallenged, would severely limit the state’s ability to protect land from illegal occupation.
‘All role-players must actively discourage attempts to illegally occupy land. We owe this not only to ourselves as residents of a growing city, but also to future generations who will require land for schools, hospitals, housing, transport infrastructure and community facilities.
‘The unlawful occupation of land – mostly by well-organised invasion – leads to severe dysfunctionality in our city, including the obstruction of sewerage infrastructure and access for maintenance; pollution of waterways; safety hazards due to illegal electricity connections; the loss of rail reserves for trains to run safely; and loss of investment and value for property owners, especially in working-class communities.
‘Law-abiding residents of all backgrounds and income levels can rest assured that the City will continue to stand up for the rule of law while doing everything in our power to drive sustainable human settlements,’ said Mayor Plato.
End
Published by:
City of Cape Town, Media Office
