Cape magistrate to decide on group’s eviction from City’s land on June 28

Clowns and other performing artists gathered at the court to show support for their cause. Picture: Armand Hough/African News Agency(ANA)

Clowns and other performing artists gathered at the court to show support for their cause. Picture: Armand Hough/African News Agency(ANA)

Published May 27, 2021

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Cape Town - A group of people calling themselves the Willow Arts Collective who have been living on the land where the former SA National Circus School stood, next to Hartleyvale Stadium in Observatory, will have to wait until June 28 to hear their fate in their case against the City.

During the hearing at the Cape Town Magistrate’s Court Willow Arts Collective advocate Zeynab Titus argued for an application to strike out the City's housing report for the land as it was entered into the record in the City’s replying affidavit rather than in the founding affidavit.

Titus also argued that the housing report was also done without proper engagement with the people occupying the land and that the City had failed to survey the occupants as residents of the property to probe their personal circumstances.

Titus said that the magistrate ruled to strike out the report therefore the City would have no case to make.

At a previous hearing Magistrate Reaz Khan ordered the City for a third time to meaningfully engage with the group in an effort to find common ground.

The Willow Arts Collective fights eviction application by the City at Cape Town Magistrate’s court. Picture: Armand Hough/African News Agency(ANA)

Outside the Cape Town Magistrate’s Court two members of the Willow Arts Collective, who were dressed as clowns, argued that the City's move to evict them from the land was short-sighted because the land should be used to benefit the community rather than developers.

One of the members of the collective John Brophy also known as Evl Jon said the group had been living on the disputed land promoting organic farming and outdoor recreation.

“We are calling for a public participation process to engage over the future use of the land in question.”

Another member Jesse Tshibambe aka The Phenomenal One, said: “We want to protect the heritage of the people of the Cape.”

Last year, after several failed attempts at negotiation with the City led to eviction orders being served on them, the group organised a petition requesting the City to lease the land to them.

Group spokesperson Moyo Uno said: “We have told the City we would like to lease or purchase the property and turn it into the first multi-use centre for heritage, arts, recreation and sustainable living in the southern suburbs.”

"The Phenomenal One" Jesse Tshibanbe wait outside court. Picture: Armand Hough/African News Agency(ANA)
"The Phenomenal One" Jesse Tshibanbe wait outside court. Picture: Armand Hough/African News Agency(ANA)

The property has been in dispute since 2018 when the previous leaseholders were found to have sublet the property illegally.

At that time the City said it wanted to use the land for sport and recreational activities and issued an eviction order which was appealed in the magistrate’s court.

The City argues not only was the land sublet illegally, but the individuals it was sublet to have multiplied and have further begun to use the land outside of its intended sporting purposes.