Cape Town - The application by the SA Human Rights Commission (SAHRC) and the EFF against the City at the Western Cape High Court, which was meant to have run for two days has been extended for a further three days on dates to be decided in May.
The case involves the City’s controversial eviction of Bulelani Qolani, from his Khayelitsha shack in June last year.
The court is hearing the arguments on the principle of counter-spoliation, a legal remedy which allows a person to forcibly re-take possession of property unlawfully taken from them, following the inability of the two previous judges to reach consensus in the matter last year.
The decision to extend the hearings was made at the end of Friday’s session when the judges were persuaded by the lawyers concerned that the unfinished hearings needed an extension.
As Friday was the last day of term for the high court, which is now in recess, the matter will have to be postponed until the three judges involved in the case Justices Vincent Saldanha, Mokgoatji Dolamo and Hayley Maud Slingers have reviewed their diaries and selected three consecutive days on which they can hear the case.
Before agreeing to a three-day extension of the matter, Judge Saldanha said: “Realistically we are looking at a further two days of the hearing.”
At this point advocate Sean Rosenberg, for the City, said: “Given the complexity of issues and the pace at which the hearings, which were originally set for two days have gone so far, it might be better to make it three days.”
In this request Rosenberg was backed by his colleagues Ismail Jamie, representing the province and Karrisha Pillay, for the City, who wanted three days.
In the end Judge Saldanha was persuaded by his two fellow judges on the case to extend the hearing to three days at a yet to be determined date in May.
On Friday, the court heard from Tshidiso Ramogale, the EFF’s advocate who emphasised the importance of the courts as being the final arbiter
Ramogale said: “The manner in which counter-spoliation has been used is open to abuse and essentially usurps the functions of the court.”
Appearing for the shack dwellers lobby group Abahlali base Mjondolo, who were admitted as amicus curiae, or friends of the court, in the case, advocate Stuart Wilson said: "Counter-spoliation, as it stands, does not authorise the CoCT to demolish half-built or fully built shacks."
Cape Argus