City of Cape Town v Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion (7349/2021) [2021] ZAWCHC 98 (19 May 2021)

City of Cape Town v Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion (7349/2021) [2021] ZAWCHC 98 (19 May 2021)

The City of Cape Town demonstrated a clear right to the relief sought as owner of the properties, which are designated for land restitution. Unlawful occupation threatens the restitution process and the rights of approved claimants, and the City is obliged to protect these properties under constitutional and statutory obligations. The respondents, though frustrated by their living conditions, are not entitled to take the law into their own hands. The facts established a reasonable apprehension of irreparable harm if unlawful occupation continues, and the City has no adequate alternative remedy, especially given the constraints of the Disaster Management Regulations. The court confirmed...

Citation
[2021] ZAWCHC 98
Parties
Applicant: City of Cape Town; Respondent: Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 May 2021
Case Number
7349/2021
Procedural Posture
Urgent Application / Return Day of Rule Nisi for Interim Interdict; Final Interdict Sought
Outcome
Final interdict granted confirming the rule nisi; respondents interdicted from unlawfully occupying, invading, or erecting structures on specified properties; no order as to costs.
Judges
J Cloete
Legal Topics
Unlawful Occupation, Land Restitution, Interdict, Group Areas Act, Prevention of Illegal Eviction, Constitutional Rights
Land and Property Constitutional Law Civil Procedure Unlawful Occupation Land Restitution Interdict Group Areas Act Prevention of Illegal Eviction +1 more

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Parties

City of Cape Town

Applicant

Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi for Interim Interdict; Final Interdict Sought

Legal Issues

  1. 1 Whether the City of Cape Town is entitled to a final interdict restraining respondents from unlawfully occupying or invading specified properties in District Six.
  2. 2 Whether the City has established a clear right, injury actually committed or reasonably apprehended, and absence of other satisfactory remedy.
  3. 3 Whether the respondents' conduct frustrates the constitutional imperative of land restitution and the rights of lawful claimants.

Ratio Decidendi

The City of Cape Town demonstrated a clear right to the relief sought as owner of the properties, which are designated for land restitution. Unlawful occupation threatens the restitution process and the rights of approved claimants, and the City is obliged to protect these properties under constitutional and statutory obligations. The respondents, though frustrated by their living conditions, are not entitled to take the law into their own hands. The facts established a reasonable apprehension of irreparable harm if unlawful occupation continues, and the City has no adequate alternative remedy, especially given the constraints of the Disaster Management Regulations. The court confirmed...

Court Disposition

Final interdict granted confirming the rule nisi; respondents interdicted from unlawfully occupying, invading, or erecting structures on specified properties; no order as to costs.

Orders

  • The rule nisi issued on 1 May 2021 is confirmed, subject to paragraph 4.
  • Respondents are interdicted and restrained from entering or being upon the specified erven for purposes of unlawful occupation or invasion, erecting or extending structures, occupying vacant structures, or interfering with City officials or law enforcement.