Human Settlements Minister Lindiwe Sisulu has vowed to go to court if the City of Cape Town doesn’t erect demolished homes within 48 hours.
The Western Cape High Court declared on Wednesday that the city’s actions and conduct in demolishing and evicting the community of Hangberg in Hout Bay were unlawful and unconstitutional.
Sisulu said the State will do everything to enforce the court order and ensure that the City of Cape Town complies.
“As the court said, such evictions are in violation of Section 36 (1) of Alert Level 3 regulations made in terms of section 27 (2) of the Disaster Management Act of 2002,” Sisulu said.
The department also welcomed the court’s instructions that the City must rebuild the same size and dimensions of the structures they demolished within 48 hours of the court granting the order.
Meanwhile, the City of Cape Town has filed papers in the Western Cape High Court. It’s opposing the Human Rights Commission’s application to interdict anti-land invasion operations during the lockdown.
The city argues nothing prohibits a landowner from demolishing or removing an unlawfully erected unoccupied structure.
Mayor Dan Plato said he wrote to President Cyril Ramaphosa last month, calling for a meeting to discuss illegal land invasions, particularly in Cape Town. The South Africa Police Service will also be opposing the SAHRC’s application. The matter will be heard next week.
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