The Western Cape High Court has ordered the City of Cape Town to address criminal activity on vacant land in District Six.
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The ruling follows complaints made by the body corporate of a sectional title scheme, The Six, which refer to numerous engagements with the City in a bid to curb activities that pose societal, health, environmental and safety risks.
As stated in court documents, the City raised several technical arguments about hearsay in relation to these allegations, and accepted that the allegations have, in some measure, ‘basis in fact’. ‘It is an unfortunate reality that the vacant erven in District Six, in close proximity to the CBD, pose a unique problem in that these properties serve as magnets for the landless and socially marginalised segments of the community. Illegal occupation, vagrancy and associated social problems are a persistent problem in the area.’
As per IOL, the site comprises seven undeveloped erven, forming a large and open field, and a parking lot located on the corner of Sydney and Keisergracht Street, Zonnebloem. Though the land was awarded to claimants in 2000, transfer of the site has not been completed more than 20 years later. One of the ‘complexities’ mentioned for this reason is the City finding common ground between national and local government.
The body corporate sought a final interdict against the City to remove illegal occupants and structures on the land.
‘In its revised relief the applicant seeks a final interdict against the City directing it to take all steps reasonably necessary to:’
- Clear the site of the illegal occupants thereon, including but not limited to the institution of legal proceedings for their eviction if they fail and/or refuse to vacate the site having been instructed to do so;
- clear the site of all illegal structures and debris accumulated thereon;
- abate and remediate the nuisance on the site;
- ensure that the site is not used in a manner that contravenes any law or bylaw;
- fence off the site (excluding one of the erven which is the parking lot);
- take the above actions within 6 months from date of this court’s order; and
- conduct inspections twice per week to ensure that the fence is not breached and that no illegal occupation of the site recurs.’
Further to this, the court held that the City should obtain an eviction order in order to address the unlawful occupiers under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998. To this end, Judge Judith Cloete says the City has not taken any formal proceedings for the eviction of the occupants. ‘According to the City, the redistribution process will allegedly be completed in August 2024. I agree with the applicant’s submission that having regard to the delays experienced to date, this seems highly unlikely.’
‘One has to wonder, in these circumstances, whether the Land Claims Commission in fact has any real intention of ensuring that successful claimants, who have been waiting over 20 years, will ever ultimately return to the place from which they were so cruelly evicted by the apartheid government. This is a matter of grave concern to this court. I am persuaded that the applicant has established a clear right to the City’s adherence to the relevant provisions of the Constitution and its own by-laws.’
‘It has also established a clear right under the common law to prevent the continuation of the nuisance occurring on the site. It is fair to accept the applicant’s contention that it will not be long before circumstances arise in which serious bodily harm to one of its members or property is caused. The respondent is directed to provide the applicant’s attorney of record with a written report of the steps taken by no later than Friday November 17, 2023.’
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