City secures High Court order binding NCC to cancel planned shutdown of Mitchells Plain businesses

27 September 2023

Cape Town Mayor Geordin Hill-Lewis has welcomed the cancellation of a threatened shutdown of Mitchells Plain businesses and City construction sites by the National Coloured Congress (NCC), originally planned for 28 September. This follows the City securing a High Court order binding the NCC to refrain from violent intimidation and threats to frontline service delivery and businesses.

Having shut down a City construction project in Bellville, and a service station in Lentegeur, the NCC had escalated violent intimidation plans to shut down Mitchells Plain Town Centre on 28 September. NCC members had also made threats to shut down further City projects.

'The NCC have disrupted City frontline services and local businesses in an attempt to gain relevance through chaos. This is exactly the same tactics of the EFF, and equally unacceptable. In fact, this is worse than the EFF's threatened "shutdown" earlier this year, because the NCC has actually already disrupted at least one business and at least one City construction site, where new electricity cables were being laid to improve services for residents.The residents of Cape Town reject chaos mongers - period.

'Our economy can only grow, and employ more people, with the rule of law intact, and Cape Town will not tolerate threats of 'shutdowns' and violent intimidation of employers and residents trying to make a living. Everyone has the right to peaceful and lawful forms of protest, but we must be clear that violent disruption, or threats to this effect, are unconstitutional,' said Mayor Geordin Hill-Lewis.

In response to the City's notification that an interdict would be sought, the NCC wrote to the City on 27 September indicating that 'after obtaining proper legal advice', the NCC undertook to "reform our methods" and "cancel all planned protests" for the 28 September shutdown plans.

Following these commitments, the City successfully approached the High Court on 27 September to obtain an order binding the NCC to this undertaking by agreement between the parties.

In terms of the order, the NCC shall refrain from:

unlawfully obstructing, interfering with, intimidating or harassing any business, its representatives, staff or customers; or in any manner hindering such business from exercising its constitutionally enshrined right to freedom of trade;
unlawfully interfering with, intimidating or harassing any City officials, representatives, staff or residents; or in any manner hindering the City from exercising its constitutionally enshrined rights and duties as local authority;
inciting any person to unlawfully interfere with any person in the conduct of his or her business or work; and
shutting down or damaging any business, private property or government property, including without limitation that of the City or its contractors;

End

Published by:
City of Cape Town, Media Office