Reprinted from EWN by Jarita Kassen

On Wednesday morning, the Western Cape High Court ruled that the city’s conduct during an eviction in Hangberg was unlawful.

CAPE TOWN – Mayor Dan Plato is disappointed by a High Court ruling declaring the municipality’s conduct during an eviction in Hangberg as unlawful and unconstitutional.

Law enforcement officers tore down a structure there last month.

The court on Wednesday ordered the city to rebuild it within 48 hours.

Plato said rebuilding the illegally erected structure would halt the development of a community recreational centre.

“Despite the city offering two alternative sites for the structure to be built and making it clear that notice had been given at the time not to erect the illegal structure, the judge still ruled in favour of the occupant of the illegally-erected structure.”

Human Settlements Minister Lindiwe Sisulu has welcomed the judgment.

Her spokesperson Yonela Diko: “The state will do everything to enforce the court order and ensure that the City of Cape Town complies. As the court said, such evictions are in violation of Section 36 (i) of alert level three regulations in terms of Section 27 (ii) of the Disaster Management Act of 2002.”

*Simon Dippenaar & Associates, Inc. is a firm of specialist eviction lawyers, based in Cape Town and now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our attorneys on 086 099 5146 or if you need advice on the eviction process or want to know the cost of eviction.

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