GOOD statement by Brett Herron,
GOOD: Secretary-General & Member of Parliament
19 July 2022
The GOOD party welcomes the recent court judgement which found that a series of demolitions and evictions undertaken by the City of Cape Town, was both unlawful and unconstitutional.
On Friday, 15 July 2022, the Western Cape High Court handed down its judgment in a matter between the South Africa Human Rights Commission and the City, following the inhumane and disgraceful events in 2020.
This included the case of Mr. Bulelani Qolani who was dragged from his shack in the Ethembeni informal settlement in Khayelitsha, naked and in full view of surrounding neighbours.
Armed Metro police and members of the City Anti-Land Invasion Unit proceeded to demolish his shack, despite the fact that none of the actions had been authorised by a court order.
The court declared this conduct unlawful and also found that the City’s reliance on “counter-spoliation” as inconsistent with the Constitution and thus invalid.
The City’s claim that their conduct was protected by the common law right of “counter-spoliation” in essence means the City was arguing that they were not subject to the South African Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
They were claiming that an old common law right overrides the constitution and legislation; and permits demolitions of, and evictions from, any informal dwelling whether occupied or unoccupied at the time of the eviction or demolition.
As GOOD, we believe that this conduct formed part of a continuous pattern of victimisation of landless people in contempt of court orders by a City that clearly does not care about the vulnerable.
Millions of South Africans find themselves in marginalized communities without access to opportunities and attempting to address the associated challenges through force and unlawful conduct will not change anything.
The City’s leadership expects the people of this city to comply with the law. This judgement makes it clear that the city is also subject to the law. Ultimately our constitutional democracy means we are a country of the rule of law. The City’s leadership do not have an exemption.
The City’s leadership duty is to focus on planning for rapid urbanisation, preparing for informality, upgrading informal settlements, increasing the pace of housing delivery and securing tenure through the right to build.
Media Enquiries:
Brett Herron, GOOD: Secretary-General & Member of Parliament
Cell: 0825183264
Email: bretth@forgood.org.za
Janke Tolmay, GOOD: Media Manager
Cell: 0733671223
Email: janke@forgood.org.za