Cape Town - The City has instructed its lawyers to lodge an appeal against the ruling handed down by acting Judge Selwyn Hockey in the Western Cape High Court two weeks ago, says Mayco member for safety and security JP Smith.
The Court had blocked the City from interfering with tent dwellers living on the pavement in Observatory in front of Arcadia Place, a building opposite Pick n Pay and KFC.
The judgment interdicted the City from evicting the residents of the Singabalapha (we belong here) occupation, and although the court found the City was entitled to enforce the relevant by-laws, the implication of the findings was that law-enforcement officers could not pursue any further breaches of those by-laws at that site.
Smith said it was an untenable situation, and for that reason the City was obliged to apply for leave to appeal. He said the judgment had ramifications for all residents.
He said the City’s Law Enforcement, and other security departments, had been doing diligent work enforcing by-laws to ensure chaos did not ensue.
“If the judgment stands, any attempts by the City to enforce the provisions of the by-law will be met with legal challenges, with lawlessness as the result,” Smith said.
He said the applicants failed to meet the legal requirements for an interdict to be granted, and as a matter of law there was no basis for it.
Singabalapha chairperson Barbara Vuza said on October 6 that Singabalapha was granted an interdict against the City for its continued harassment and attempted eviction of the occupants of the settlement.
Vuza said the judgment was sound and based on well-thought-out engagement by Hockey.
“It is unfortunate that the City of Cape Town is planning to appeal the ground-breaking Cape High Court order,” Vuza said.
She claimed the City had lost a large number of big court cases this year and was concerned with the illegal eviction of residents.
For the City to appeal the judgment was not only a huge waste of taxpayers’ money, but tantamount to disrespecting “our” rights as residents of the city.
One of the occupiers, Sinazo Jordan, said: “In whose interests is the City acting? Definitely not in the best interests of the people. Saying the judgment “will lead to lawlessness” shows nothing but the disdain the City holds for the people. Not only that, but it also is a textbook example of the pot calling the kettle black.”
Jordan said the judgment had proven it was the City that acted with lawlessness. That was why they (occupiers) needed the court’s protection.
“As it stands, we have exceeded a year staying outside with no services, even though they are constitutionally obliged to provide us with water, ablution and electricity,” he said.
Cape Argus