City petitions Supreme Court of Appeal over land invasion court case
02 October 2020
Statement by the Executive Mayor, Alderman Dan Plato
As a result of the disappointing ruling handed down by Judges Shehnaz Meer and Rosheni Allie in the Western Cape High Court yesterday, I convened an urgent meeting of the City’s Mayoral Committee and legal representatives this morning.
Following legal advice, I can confirm that the City of Cape Town will now be petitioning the Supreme Court of Appeal (SCA) without delay.
We believe the interim ruling to be dangerous in that it severely limits the City’s ability to protect public land from illegal invasion. This is because the interdict requires the City to obtain a court order to dismantle unoccupied structures, i.e. structures that do not qualify as homes.
The right to counter-spoliation is vital to the City’s land protection efforts as time is often of the essence in removing unoccupied structures during land invasions without a court order in accordance with established common law, especially given what we know about the organised nature of land invasions.
We cannot allow such a ruling to stand, given the time it will take to reach final resolution and the likelihood that the SCA or even Constitutional Court will ultimately decide on the matter.
The SA Human Rights Commission’s main application, to be heard next week, specifically asks the Court to declare counter-spoliation unlawful, and for the common law to be amended. This dangerous precedent would not only severely impact the City’s ability to protect land from unlawful occupation, but also the rights of any and all landowners to do so.
We remain committed to protecting our residents from the harm caused by unlawful occupation, and will take this matter to the highest court in the land if we need to.
During the national lockdown, City staff removed over 60 000 illegal structures that were set up on unsuitable land as many of these areas have, as expected, been flooded in recent weeks, or were on land earmarked for City services.
The prospect of communities benefitting from planned City services on these sites is now severely jeopardised as a result of the recent court action and national disaster management regulations, which have prevented the City from removing the illegal structures.
As Mayor, I want to offer the assurance that the City will continue to stand up for all law-abiding residents and contest this matter for the sake of our country.
End
Published by:
City of Cape Town, Media Office
