Cape Town anti-land invasion unit acting illegally, say rights lawyers

25 05 2011

Wednesday May 25th 2011 – West Cape News

A woman raises her hands in peaceful protest as police disperse over 4 000 backyard dwellers who occupied city-owned land in Mitchell’s Plain last weekend. Photo: Neil Baynes/WCN

The City of Cape Town’s Anti-Land Invasion Unit established to prevent the illegal occupation of city and provincial land, is acting unlawfully says Lawyers for Human Rights.

LHR lawyer Sheldon Magardie said the unit demolished structures without a court order and he was planning to approach the Cape High Court for an interdict to prevent the city from doing so.

“In our view, the city is acting unlawfully, because if someone occupies property, whether it is (an) illegal (occupation), or not, one still has to get a court order or legal authority such as a by-law to do so. And if there is such a by-law which allows them to demolish property without notice or fair procedure, that by-law is unconstitutional,” said Magardie. Read the rest of this entry »





Media: Court puts an end to life in Joe Slovo

11 06 2009

Click here to read the judgement in .doc and here to read it in .pdf.

11 June 2009 – The Sowetan
Anna Majavu – majavua@sowetan.co.za

Residents to get new area

One of Cape Town’s largest informal settlements – Joe Slovo, Langa – is set to be entirely demolished after the Constitutional Court ruled yesterday that its 20000 residents be moved out. Read the rest of this entry »





Media: Court rules that Joe Slovo residents be evicted

10 06 2009
JOHANNESBURG, SOUTH AFRICA Jun 10 2009 10:43
Source: M&G

The Constitutional Court on Wednesday ruled that about 20 000 residents in the Joe Slovo informal settlement on the Cape Flats must be evicted. Read the rest of this entry »





Symphony Way march to High Court tomorrow joined by Joe Slovo, Macassar, Gugulethu and Valhalla Park

8 06 2009
Delft Anti-Eviction Campaign Press Release
Monday 8 June, 2009 – For immediate release
(see below for other AEC events on Wed and Thurs)

The residents of Delft-Symphony Way are to appear in the Cape High Court on tomorrow, Tuesday 9th June at 09h00.

We will assemble at Kaisergracht Street (old District 6) at 08h00 and we will march from there to the High Court at about 08h30.  Read the rest of this entry »





Media: Mzonke Poni’s case postponed

5 06 2009

June 04, 2009 Edition 2
Staff Writer – Cape Times

A MACASSAR community leader who was detained on suspicion of inciting public violence has had his court hearing postponed for two weeks.

Mzonke Poni, chairman of Abahlali baseMjondolo (association of shack dwellers), says when he next appears in the Somerset West Magistrate’s Court on June 17 he will plead not guilty. Read the rest of this entry »





AEC Today: Gympie St in High Court, S’khoma Butchery evictions in Gugs, and more…

4 06 2009
Update on Skhoma Butchery eviction (12h53 – 4 June):

The eviction order was invalid and therefore illegal.  Skhoma Butchery was able to convince City officials and the Sheriff of the Court to return all material and put it back inside the Butchery.

For more information contact Mncedisi (AEC) at 078 580 8646 and Thandi (Skhoma) at 082 495 8652

———————————————————————————
  • What? SS Skhoma Butchery in Gugulethu being evicted
  • When? Right now! (09h40 – 4 June)

The owners and staff of Gugulethu’s famous Skhoma Butchery woke today to find out that they were being evicted.  They had no idea that this was going to happen as they had set an agreed date with Guguletu Square mall developers on when to move to their new premises.  The butchery is currently consulting their lawyer as to what to do.  It seems that there is an eviction letter from the 14th of May saying that occupants should be evicted.  However, this does not seem like a court order and this letter was never served on the occupants.

This kind of illegal or semi-legal actions by developers and government happens everyday in South Africa.  Fortunately for Skhoma owners, they can afford a lawyer.  But for poor South Africans, they rarely are able to stop themselves from being evicted illegally.

For more information contact Mncedisi (AEC) at 078 580 8646 and Thandi (Skhoma) at 082 495 8652-

————————————————————————————-
  • What? Gympie Street interdict to be heard at Cape High Court
  • When? 15h30 (on the 4 June)

Gympie Street residents will be in court at 15h30 where the judge will be hearing their interdict against the illegal eviction of two families.  Yesterday, the belongings of the Heyn and Petersen families were confiscated by Law Enforcement officials who claimed they would return their belongings once the families found a place to stay.  We are afraid we might not see our belongings again.

For more information contact Willy at 073 144 3619





Gympie residents in Cape High Court this evening to have an urgent application heard

29 05 2009

Woodstock AEC Press Release
29th of May, 2009

This evening, Gympie Street residents filed an urgent application at the Cape High Court.

The case was brought before Judge Maqubela in Court #7 and has now been postponed until Thursday 4th of June at 15h30.

As we have said before, the entire operation was done illegally and without consideration of the PIE Act. This is criminal.

Judge Maqubela proclaimed that he wants to be fair in this trail and was concerned about the lack of official papers authorising the sheriff of the court to enact the eviction.

On behalf of the residents, advocate Omar requested to know on what legal basis does the registrar of the court have the authority to evict people from their houses.

For more information, please contact Willy at 073 144 3619, Margarete at 072 642 7386, and Mr Omar (lawyer) at 082 492 5207

Also see our archive of information on Gympie Street





Macassar Village – application for interdict against the City of Cape Town likely to be heard on Wednesday

25 05 2009

AbM-WC Press Release
Monday 25 May, 2009

There were delays with the legal process this morning. We apologise to those journalists and comrades who were waiting in court. However we should be in court by Wednesday with the aim of securing an interdict against the Cape Town Municipality that prevents them from continuing with their unlawful actions against the people that have now been living on the disputed land in Macassar Village since 19 May 2009.

Everyday our shacks are demolished and our building materials are confiscated. Every day we rebuild. The occupation continues. Tomorrow we will have held the land for one week. Read the rest of this entry »





Media: Residents fight against City of Cape Town

25 05 2009
May 25 2009 at 07:32AM
Source: IOL

The Abahlali baseMjondolo organisation in the Western Cape said early Monday morning that it would be approaching the Cape High Court for an urgent interdict against alleged “unlawful and criminal evictions.

The organisation said in a statement that they would apply for the interdict late on Monday morning to prevent alleged unlawful evictions in the Macassar village by the City of Cape Town.

“Macassar Village back-yarders have been made homeless by the extremely high rents that they are charged to erect shacks in other people’s backyards.”

The organisation also said for the past week, homeless residents occupied an empty piece of land owned by the City of Cape Town with the intention of apparently housing them and their families.

“Land is the building block of any healthy and sustainable community. We are merely fighting for our own livelihoods which have been denied to us by past governments and this current government,” it said. – Sapa





Macassar Abahlali to place urgent interdict at Cape High Court

25 05 2009
AbM-WC Press Release
Monday 25 May, 2009

Where: Cape High Court
When: First thing in the morning

Abahlali baseMjondolo of the Western Cape will be approaching the Cape High Court first thing this morning to secure an urgent interdict against unlawful and criminal evictions by the City of Cape Town in the case of Macassar Village. Read the rest of this entry »








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