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Eviction news Archives | Eviction Lawyers South Africa

City of Cape Town evicts homeless in District Six during massive operation

By | Eviction news, Evictions, Homeless

Reprinted from News 24, by Marvin Charles – 2021-09-20

The City of Cape Town has demolished several structures and tents occupied by homeless people on part of a stand earmarked for a land restitution settlement in District Six.

The evictions angered activists who say it forms part of a series of illegal evictions by the City. On Sunday a massive law enforcement operation was carried out, using trucks and cranes to remove the tents and personal belongings of homeless people who had been living there.

City Law Enforcement spokesperson Wayne Dyason said officers were enforcing the City’s by-laws.

“Law Enforcement confirms that the City’s Social Development Department offers assistance to help people get off the streets sustainably. The offer is to relocate them to one of the City’s Safe Spaces, or any night shelter. All people found on site are made this offer,” he said.

When asked whether the eviction was part of a court order, the City said it was carried out under its current by-laws.

In May the City urgently approached the Western Cape High Court for an interdict against people intending to illegally occupy the land, which is earmarked for District Six claimants who have waited decades for restitution after apartheid-era forced removals.

However, over the last few months tents were pitched at various open spaces in the CBD and surrounds.

Last month, law enforcement officers evicted 21 people living in tents and informal structures next to the Green Point Tennis Court. At the time Ndifuna Ukwazi said the eviction occurred without law enforcement officers producing a court order authorising the eviction.

Jared Sacks, a social justice activist, was at the site in District Six while Law Enforcement destroyed the structures, saying:

I noticed that there were more than 10 Law Enforcement vehicles present plus a number of other removal trucks. I noticed that Law Enforcement was overseeing an operation to remove people’s personal belongings from the property.

He added the residents told him they have nowhere else to go.

“The residents/occupiers confirmed to me that these tents and structures were their homes and that the removal of their tents, structures and other belongings meant that they’ve been rendered homeless,” Sacks added.

Homeless

Social development activist Lorenzo Davids said it was clear what the City’s intentions toward the homeless are.

“They harassed the homeless without a particular court order or instruction to legalise the operation. The City removed assets and people’s property. The harassment and illegal removal of people’s assets becomes problematic for the City’s treatment towards homeless.”


For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

Evicted Homeless People Hope to Overturn City of Cape Town Decision

Evicted Homeless People Hope to Overturn City of Cape Town Decision

By | Appeal of an eviction order, Eviction news, Homeless

Reprinted from EWN, by Kaylynn Palm – 2021-09-09

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

CAPE TOWN: Homeless people who set up tents near the Green Point Tennis Club are hoping for a positive outcome in court after they were forcibly removed.

Activist group Ndifuna Ukwazi is fighting on their behalf and has taken the City of Cape Town to court over the evictions.

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

Sitting outside her tent catching the morning sun next to the tennis courts, Jamie Lee Paulse on Wednesday said living at this site was peaceful until law enforcement moved in.

Now, they are on constant alert especially when marked official vehicles are parked opposite their tents.

She explained what happened recently when the cops moved in: “They took everyone’s stuff, I was fighting with them to get my tent back.”

The City of Cape Town maintains it acted within the law and that alternative accommodation has been offered.

But Paulse said she was not going to a shelter because after some time, they are expected to pay for a bed and questions where the money will come from.

“We don’t have work, where will we get R50 everyday? You must pay there.”

Attorney at Ndifuna Ukwazi, Jonty Cogger, explains why they’re challenging the city.

“They used a very obscure provisions of the street bylaw, which said that they are blocking pedestrian traffic to legitimise an illegal eviction.”

Judgment has been reserved.


For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

City of Cape Town accused of taking homeless people’s belongings

City of Cape Town accused of taking homeless people’s belongings

City of Cape Town accused of taking homeless people’s belongings

By | Eviction news, Homeless

Reprinted from ENCA – 2021-08-30

CAPE TOWN – Homeless people in Cape Town have more to lose than just their make-shift shelters under the municipality’s by-laws.

The City has been accused of confiscating the personal possessions of homeless people.

One example is that of a woman who has had her life-saving ARV’s allegedly confiscated by law enforcement officers.

Shaun Herbert, who lives in Greenpoint, said he returned from shopping to find law enforcement at his tent.

“I asked my brother what was going on. He said law enforcement said we must take out our stuff, they’re going to confiscate our tents.

“I thought it was a joke. I left my stuff inside, I’ve got a big tent, we made it flat and then this officer came to me and said we have to take out all your belongings because we’re confiscating your tent. So I said, “why is this” so he said they’ve got an eviction order against us,” Herbert said.

“I asked him, where is the eviction order and he said I mustn’t worry about it, everybody just wants us away [from] here.”

Herbert said some of the tents were returned but the personal belongings have not been returned yet.

“All of us don’t want to be on the streets, we want to have normal lives. We also would like to take a hot bath, people don’t understand that we’ve got to wash in cold water, we’ve got to walk miles to get water because the City Council doesn’t allow us to take water [from] public toilets,” he said.

“We’ve got no other alternative. We want lives, we want jobs, we want to be recognised as people again. None of us have asked for this to happen.”


For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading: