19 May 2020
The Legal Resources Centre challenges City of Cape Town’s unlawful demolition ofhomes in Kommitjie Township, Ocean View
The Legal Resources Centre has been approached for legal assistance and intervention by fiveresidents from Ocean View whose homes were demolished by the law enforcement division ofthe City of Cape Town, on 15 May 2020. These residents have all lived in the area with theirfamilies since February 2020. The land on which their homes were erected is owned by theOcean View Development Trust.
Law enforcement officials, acting under the instruction of the City, arrived at the informalsettlement and proceeded to evict the occupiers, demolishing homes while some of theresidents were absent. These officials also confiscated building material without a court orderauthorising them to do so.
In terms of regulation 19 under the Disaster Management Act during level 4, issued on 29 April2020, evictions are expressly prohibited. The provision clearly states that if a court grants aneviction order in terms of the provisions of the Extension of Security of Tenure Act 62 of 1997and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act 19 of 1998, such anorder will be suspended until the last day of Level 4, unless a court finds that it would not be justand equitable to do so. Additionally, section 26(3) of the Constitution further states that noperson may be evicted or have their home demolished without an order of court having takeninto consideration the relevant circumstances.
In light of the above, and taking into consideration that the land in question is not under theownership or control of the City, its actions are unlawful and it is on this basis that the residentsdemand the City act as follows:
• issue a written undertaking that no further demolitions and evictions will occur in theinformal settlement as envisaged in section 19 of the regulations, by no later thanTuesday, 19 May 2020 at 14h00;
• return the residents’ building material in the same condition that it was in prior to thedemolitions. Alternatively, provide building material that is in good condition for thepurposes of rebuilding their homes, in order for them to be compliant with the lockdownregulations, by no later than Wednesday 20 May 2020 at 12h00 and/or;
• provide each resident with monetary compensation sufficient to purchase buildingmaterial to reconstruct their demolished homes.
Should the City fail to comply with the above, we have been instructed to proceed to court.