GOOD Statement by Chad Davids,
GOOD City of Cape Town Councillor
12 July 2024
The City of Cape Town must take full accountability for its inhumane and unlawful actions in the eviction of Bulelani Qolani, the man who was dragged naked from his shack in 2020.
On Wednesday, the Supreme Court of Appeal ruled that the City could not justify the forceful removal of land occupiers in Cape Town under the remedy of “counter-spoliation” – a term referring to the taking back of property that had been unlawfully occupied.
During the Covid-19 pandemic, when people were forced to stay home for their own safety, the City of Cape Town took it upon themselves to carry out several evictions without the requisite court orders.
The removal of Qolani was caught on video and sparked outrage amongst many and ultimately led to the SA Humans Rights Commission and the EFF dragging the City to court.
After a lengthy court battle, the SCA has now ruled that City officials were wrong in applying the remedy of “counter-spoliation”, finding that it can only be used “before a person has put up any poles, lines, corrugated iron sheets or similar structures with or without furniture, which point to effective physical control of the property occupied.”
The Court further highlighted the undignified and humiliating manner in which the City treated its people, injuring some and destroying personal belongings.
The City would do well to take this opportunity and reflect on the way it treats some of the most vulnerable communities who continue to suffer due to the staggeringly high levels of poverty and unemployment. Unfortunately, the City has opted to spin the narrative and claim it as a victory, instead of accepting responsibility.
From the judgment, it is clear that the court states that counter-spoliation is a viable remedy for land owners, but clearly states that the City failed to comply with the requirements of and took the law into their own hands.
GOOD welcomes the judgement and condemns the City for wasting taxpayers money on the legal costs involved with taking this matter all the way to the SCA.
We call on the City to instead focus on offering relief and remedy to those people affected by the evictions that took place during this period.
Media Enquiries:
Janke Tolmay, GOOD Media Manager
Cell: 073 367 1223
Email: janke@forgood.org.za
Chad Davids, GOOD City of Cape Town Councillor
Cell: 067 129 1323
Email: chadd@forgood.org.za