Cape High Court Judge Deon van Zyl on Wednesday granted an order sought by Housing MEC Richard Dyantyi, housing agent Thubelisha Homes and building contractors to have the more than 1 000 illegal occupants evicted.
After a lengthy day of argument, Judge Van Zyl granted the order at about 5pm, saying that residents who had originally lived in backyards in Delft would have to be out of the houses by February 17.
| 'This is our houses if we can't live here, we'll burn these houses to the ground' |
It was unclear what he intended to say and his voice was soon drowned out by cries of "ons gaan nerens" from the packed public gallery.
Residents echoed these sentiments in Delft last night, when the community hostility turned violent.
About 70 residents, including young children, gathered in a street at the back of the development, burning tyres, toyi-toyiing and singing.
Some hurled insults and threats at security guards, who struggled to restrain their guard dogs. Others danced around fires, chanting: "No more securities".
| 'They can bring the army and the police' |
"We're not going anywhere, we'll fight for our houses," another resident bellowed.
Police vehicles, including one armoured van, arrived minutes later and a handful of policemen, brandishing weapons loaded with rubber bullets, were deployed. The angry mob was finally dispersed at 9pm and no one was injured.
Spokesperson Captain Eliot Siyangana said this morning there was still a police presence in the area.
"But there's nothing happening," he said.
Community leader Mzonke Poni, who is also co-ordinator of the Anti Eviction Campaign, said that residents were now calm, "but we still have hope that we won't be evicted".
While last night's reaction might be a glimpse of what could happen when residents are eventually evicted, community leaders maintained that they would "not take a violent approach" come February 17.
"They can bring the army and the police, but we do not intend to leave we will die here," said community spokesman Lamla Zenzile.
Minutes after the judgment was handed down yesterday, Poni informed the crowd outside the court of the outcome.
They all agreed that they would not leave the Gateway houses.
"They would have to kill me first, but I'm not moving out of my house," said Charmaine
She said she had been living in Delft for "many years" and under no circumstances was she prepared to leave.
Another resident Wiedaad Baartman agreed.
"I don't want to move, and I have no place to go to if I have to. Do they want me to sleep on a field with my family?" she asked.
Another resident who declined to be named, wept inconsolably as she left court, saying "this is not fair".
Poni, told the crowd: "This is the beginning of our revolution".
He told the Cape Argus on Wednesday that despite the eviction order, there was still a high level of commitment among residents to fight the order. Residents were planning to appeal, but they still needed to consult with their lawyers.
On Thursday morning he said a meeting would be held at 6pm on Thursday, but indicated that they would be changing their lawyers.
The group of Delft backyard dwellers illegally occupied the houses shortly before Christmas, seemingly at the instigation of DA city councillor Frank Martin. Martin, who was present in court, faces charges of incitement.
Addressing advocate Steve Kirk-Cohen, for Thubelisha and the contractors before judgment yesterday, Judge Van Zyl said: "I want to be fair to these people, who accepted the advice on good faith from someone of authority. I feel they were ill-advised."
He said the eviction orders were "one of the most difficult" orders for any judge to give.
He said judges felt "incredibly sympathetic" to those who were about to be evicted.
"But the court can never sanction someone taking the law into their own hands."
He asked for the "full cooperation" of all those currently illegally occupying the houses. - Cape Argus
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