A city lawyer hailed for helping communities resist eviction under apartheid says the government's attempt forcibly to remove 20,000 Joe Slovo, Langa, residents is the most serious eviction case he has handled in 30 years.
Geoff Budlender, instructed by the Legal Resources Centre, is representing the residents in an application to the Cape High Court challenging the legal authority of the government housing agency Thubelisha Homes to seek an eviction order.
A temporary eviction order has been granted.
Peter Hathorne, also acting for the residents, said a memorandum of understanding between the City of Cape Town and the provincial government - to transfer city land for housing and of which Thubelisha was the chosen developer - affected residents' rights.
The company and the government want to move people living in Joe Slovo to Delft and to build mortgaged homes on the land as part of government's N2 Gateway project.
Judge President John Hlophe said he would give his ruling on Thursday.
"The main application (to evict) approximately 20,000 people (has) really serious consequences for those people," Budlender said.
"(Joe Slovo) is a settled community. Children have been born there and brought up there, and people have died there.
"In about 30 years of defending people being illegally evicted, I can't think of another case where the authorities have sought an order of this kind. It could mean the destruction of a community. This is a vulnerable community and we look at the court to protect them.
"In the context that justice be done and be seen to be done, people should not be stopped to defend themselves."
Steve Kirk-Cohen, for Thubelisha Homes, agreed the matter was sensitive, but said the N2 Gateway project was a pilot programme that had to begin somewhere. He said if the application against Thubelisha succeeded, it would lead to delays.
In highly technical arguments, Kirk-Cohen and Michael Donen, for the department of housing, said the residents had been aware of the planned developments and should have inquired if they had objections.
Donen said the N2 Gateway was a critical component in the government's plans to eradicate the housing backlog.
Outside the court, about 2,000 people from Joe Slovo, including mothers with babies on their backs, danced and sang in the street.
A Joe Slovo leader, Mzwanele Zulu, said the people were determined to resist the eviction and remained optimistic of winning the case.
Before adjourning on Wednesday, Hlophe told the legal teams that if he ruled against the residents, they should be ready to proceed with the main application opposing the temporary eviction order being made final. - Cape Times
Geoff Budlender, instructed by the Legal Resources Centre, is representing the residents in an application to the Cape High Court challenging the legal authority of the government housing agency Thubelisha Homes to seek an eviction order.
A temporary eviction order has been granted.
Peter Hathorne, also acting for the residents, said a memorandum of understanding between the City of Cape Town and the provincial government - to transfer city land for housing and of which Thubelisha was the chosen developer - affected residents' rights.
The company and the government want to move people living in Joe Slovo to Delft and to build mortgaged homes on the land as part of government's N2 Gateway project.
Judge President John Hlophe said he would give his ruling on Thursday.
"The main application (to evict) approximately 20,000 people (has) really serious consequences for those people," Budlender said.
"(Joe Slovo) is a settled community. Children have been born there and brought up there, and people have died there.
"In about 30 years of defending people being illegally evicted, I can't think of another case where the authorities have sought an order of this kind. It could mean the destruction of a community. This is a vulnerable community and we look at the court to protect them.
"In the context that justice be done and be seen to be done, people should not be stopped to defend themselves."
Steve Kirk-Cohen, for Thubelisha Homes, agreed the matter was sensitive, but said the N2 Gateway project was a pilot programme that had to begin somewhere. He said if the application against Thubelisha succeeded, it would lead to delays.
In highly technical arguments, Kirk-Cohen and Michael Donen, for the department of housing, said the residents had been aware of the planned developments and should have inquired if they had objections.
Donen said the N2 Gateway was a critical component in the government's plans to eradicate the housing backlog.
Outside the court, about 2,000 people from Joe Slovo, including mothers with babies on their backs, danced and sang in the street.
A Joe Slovo leader, Mzwanele Zulu, said the people were determined to resist the eviction and remained optimistic of winning the case.
Before adjourning on Wednesday, Hlophe told the legal teams that if he ruled against the residents, they should be ready to proceed with the main application opposing the temporary eviction order being made final. - Cape Times
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