Ndifuna Ukwazi vows to continue fighting for unlawful eviction of land occupiers

CAPE TOWN - The Ndifuna Ukwazi Law Centre says it will continue to fight the unlawful eviction of land occupiers in Cape Town last month.

Foremost is the fight for their possessions to be returned, restored or replaced.

The law centre is representing 38 people who had their homes demolished without a court order, and their building materials taken on 19 and 22 August.

The housing lobby body said the Passenger Rail Agency of South Africa (PRASA) Protection Services and other security officers also allegedly confiscated the occupiers’ personal belongings before leaving them exposed a weekend of heavy rain.

It said the occupiers had been living in informal structures and tents on the Transnet-owned land along Old Marine Drive for over 20 years.

Ndifuna Ukwazi urgently sought a court interdict against PRASA, and the High Court this past Friday ordered that the national rail agency return the demolished structures within 24 hours. 

Failing in this regard, PRASA would be required to compensate the occupiers by purchasing materials of the same value.

Ndifuna Ukwazi Law Centre's attorney, Caitlin Turok, said only after the 24 hours to comply with the order had expired did PRASA notify the High Court of its intention to appeal the ruling.

"The situation changed as of last night because they lodged their application for leave to appeal and this suspends the execution of the order. So, until the decision regarding the application for leave to appeal is decided, that order is essentially frozen in time."

Turok said they don't believe the prospects of an appeal - the date of which is not yet known - are very high.