DURBAN - The City of Cape Town said on Monday that independent investigators retained to probe the eviction of a naked shack dweller from his illegal Empolweni dwelling last week had started with their investigation.
"Independent investigators Fairbridges Attorneys have begun their probe into the circumstances surrounding an Empolweni anti-land invasion operation," said the city via a statement.
Cape Town executive mayor, alderman Dan Plato, last week called for an independent investigation into the incident "to ensure the findings are above reproach, given the public interest in the matter".
A video clip of Bulelani Qolani being evicted from his shack, while naked, sparked outrage on social media. It was alleged that he was evicted while in the process of bathing, which the city has questioned.
The city said all video and photographic evidence had been handed over to the investigators, who would now conduct their own interviews.
The city further said that video footage filmed by law enforcement officials at the scene contained "new perspectives not visible" in the clip that went viral.
"This includes footage showing Mr Qolani clothed and standing outside during the operation to remove five illegal structures on Wednesday, 1 July 2020. Mr Qolani looks directly into the camera, as Law Enforcement officials are heard dismantling illegal structures. This indicates Mr Qolani was not bathing as claimed.
"Footage further shows Mr Qolani walking out of a structure unclothed. He does this without prompting, and without any Law Enforcement official near him.
"Mr Qolani then proceeds to pace up and down outside the structure naked, apparently as a taunt, fully exposing himself to onlookers. This occurred prior to the incident with Law Enforcement officials."
Cape Town's mayoral committee member for safety and security, alderman JP Smit, had said during a virtual briefing to the National Assembly’s cooperative governance portfolio committee, that videos were taken by law enforcement at evictions so that footage could be reviewed if allegations were made.
"Mr Qolani is visible, clothed, standing outside during the operation to remove five illegal structures. The City really does not tolerate the loss of dignity that occurred. However, footage shows Mr Qolani comes out of the structure naked without any Law Enforcement official near him. He does it independently, holding a piece of paper in his hand," Smith told the committee.
The city said it was permitted to remove any new illegally erected structures on the land in question in terms of a high court order. "This is besides 49 structures which the court allowed to remain on the land in Empolweni temporarily until the matter is heard in full. Mr Qolani’s name is not on the court’s list of permitted structures."
The city's mayoral committee member for human settlements, Malusi Booi, said: "No eviction has been conducted on this site, only anti-land invasion operations. Mr Qolani could not possibly have been living there as he claims, given that Law Enforcement has been conducting near daily anti-land invasion operations at the site."
The city said that the Empolweni land invasions were "on the direct pathway of a R162 million water pipeline project crucial to Khayelitsha as a whole. New housing developments will further rely on critical bulk service infrastructure such as this project".
"The water supply pipeline will increase water pressure for around 11 000 Enkanini residents, and provide assurance of supply to the whole of Khayelitsha."
"The City has already installed 1,4km of this 6km pipeline from Faure to Khayelitsha, along Baden Powell Drive. Over R50 million of the budget has already been spent, and we are on track for completion in 12 to 18 months. But anti-land invasion operations along the route are crucial to ensuring no further interruptions," said mayoral committee member for water and waste, alderman Xanthea Limberg.
Protests related to the illegal Empolweni invasion had led to damaged Infrastructure at the adjacent Zandvliet Waste Water Treatment plant, where a R1,7 billion upgrade was underway, said the city.