Court’s final eviction notice for occupiers

This is one of the blocks of flats built in District Six. Photo: Jason Boud

This is one of the blocks of flats built in District Six. Photo: Jason Boud

Published Jul 10, 2013

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Cape Town - The Western Cape High Court has served a final eviction order on Khoisan activists who had illegally moved into a block of flats meant for District Six land claimants.

This means that the Stoffels family, who were allowed to stay in the flat they had illegally occupied while their circumstances were being investigated by the court, have until Monday to find a new home after they refused an offer to go to Blikkiesdorp. The court had allowed them to stay as they had two minor children.

Judge Robert Henney also ordered that the City of Cape Town and the Department of Social Development look into the circumstances of another family who testified that they were homeless and should be considered for one of the disputed flats.

Arthur Martin and his wife, Beverly, told the court they were homeless and lived without water or electricity while their children suffered from health problems. Martin said his family used to live in District Six during apartheid, but when he came back from working at sea he found that his family had been moved and he had been trying to get his land claim processed for the past 18 years.

“I am homeless. I am a broken man. We are living without water and lights. I grew up in District Six,” said an emotional Martin.

Tania Kleinhans, co-founder of the Institute for the Restoration of the Aborigines of SA, who led the invasion of 11 flats last month, told the court that District Six had become a symbol of injustice.

Kleinhans said indigenous people lost their land nearly 261 years ago and still had no restitution.

“We didn’t break any laws. Two of our members own land where those flats (in District Six) were built.”

Judge Henney said he understood that the activists were “disgruntled and unhappy with the land claims process”, but their situation was not unique as hundreds of South Africans were also frustrated by the process.

He asked that the Department of Rural Development and Land Reform engage with Kleinhans and her group to see how it could help them.

Outside the court, Kleinhans said they would appeal against Judge Henney’s decision and intended taking the case as high as the Constitutional Court and the International Criminal Court.

 

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Cape Argus

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