Cape Town – Western Cape High Court Judge Leslie Weinkoue has reserved judgment in the Bromwell Street case after the City of Cape Town’s legal representative concluded its arguments on Wednesday.
A group of Bromwell Street residents issued an eviction order by the property owner have refused to move to Wolwerivier – a relocation area provided by the city.
The land the city made available is about 30km from Cape Town, and the residents say there are no nearby schools or clinics, or transport.
Brett Herron, mayco member for the transport and urban development authority said: “The city has offered seven households who live in the Bromwell Street properties temporary emergency accommodation in Wolwerivier. The accommodation offered to these seven households, comprising 16 adults and 11 children, complies with the requirements and obligations imposed on the city by the constitution and the National Housing Code.”
He said Wolwerivier was the nearest temporary emergency accommodation the city could offer.
“We will assist the families by providing transport to move their furniture and belongings. Wolwerivier is an emergency temporary accommodation area serviced with plumbing, water and electricity infrastructure and gravel roads. The structures are fitted with an internal toilet and wash basin,” he said.
The residents had submitted several affidavits about the conditions at Wolwerivier.
Herron said: “They have applied for a court order declaring that the city is under a constitutional duty to provide them and their dependants with temporary emergency accommodation as near as possible to Bromwell Street and to do so within three months.”
The city is opposing the application with an argument that says: “We have argued that the Bromwell residents are not entitled to temporary emergency housing at a location of their choice – that being in Salt River or Woodstock."
“We have stated in court that the city does not have temporary emergency housing available in these areas for this purpose.”
The residents’ lawyer, Mandisa Shandu, said they would wait for the judgment, but they had received no indication of how long it would take.
“We will take the instruction from our client and the judgment will determine our next step,” she said.