The proposed relocation of residents of Joe Slovo informal settlement was a bid to reverse century-old wrongs, the Cape high court was told on Thursday.
Cape Judge President John Hlophe was hearing an application by provincial authorities for permission to relocate the community, currently living in shacks alongside Cape Town's N2 highway.
The province says it wants temporarily relocate the 20,000 residents to Delft on the Cape Flats.
Mike Donen, senior counsel for Western Cape housing MEC Richard Dyantyi, told the judge the application was unique, as it was the first time the high court was being asked to take control of the relocation of an entire community.
"It is historic because this concerns an attempt by a democratic government to reverse the wrongs that happened in this country nearly 100 years ago," he argued.
Donen said it was churlish to refer to the relocation as a "forced removal", as had been done.
Case law on the question of evictions and relocations of this magnitude was non-existent, he said.
The difficulty for the court was the legal dilemma resulting from the Constitutional right of an individual to adequate housing.
The State had to use reasonable means, with limited resources, to realise this right.
"No one may be evicted without an order of court," Donan said.
Evictions were permitted by the court, but only after the court had considered all the relevant circumstances.
"This is not eviction as such, as it involves relocation."
Donen said negotiations and consultations between the government and the Joe Slovo residents had deadlocked, and the court was required to resolve the deadlock.
The intended relocation related to the practical difficulties in developing the Joe Slovo area, and the court had to determine how far it would allow the government to go.
He said the purpose of the intended development was to place individuals in houses that cost R50 000 each.
At present, the residents lived in overcrowded conditions, in unsafe shacks made from wood, plastic and corrugated iron.
"The occupants of Joe Slovo will move from their present insecurity to secure tenure," Donen said.
Hlophe reserved judgment. - Sapa
Cape Judge President John Hlophe was hearing an application by provincial authorities for permission to relocate the community, currently living in shacks alongside Cape Town's N2 highway.
The province says it wants temporarily relocate the 20,000 residents to Delft on the Cape Flats.
Mike Donen, senior counsel for Western Cape housing MEC Richard Dyantyi, told the judge the application was unique, as it was the first time the high court was being asked to take control of the relocation of an entire community.
"It is historic because this concerns an attempt by a democratic government to reverse the wrongs that happened in this country nearly 100 years ago," he argued.
Donen said it was churlish to refer to the relocation as a "forced removal", as had been done.
Case law on the question of evictions and relocations of this magnitude was non-existent, he said.
The difficulty for the court was the legal dilemma resulting from the Constitutional right of an individual to adequate housing.
The State had to use reasonable means, with limited resources, to realise this right.
"No one may be evicted without an order of court," Donan said.
Evictions were permitted by the court, but only after the court had considered all the relevant circumstances.
"This is not eviction as such, as it involves relocation."
Donen said negotiations and consultations between the government and the Joe Slovo residents had deadlocked, and the court was required to resolve the deadlock.
The intended relocation related to the practical difficulties in developing the Joe Slovo area, and the court had to determine how far it would allow the government to go.
He said the purpose of the intended development was to place individuals in houses that cost R50 000 each.
At present, the residents lived in overcrowded conditions, in unsafe shacks made from wood, plastic and corrugated iron.
"The occupants of Joe Slovo will move from their present insecurity to secure tenure," Donen said.
Hlophe reserved judgment. - Sapa
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