Prasa taken to court over 'illegal' eviction in Cape Town city centre in which at least one man was stabbed

28 Aug 2024

Following the evictions of 38 adults and five children on a Transnet-owned property on 19 and 22 August, Ndifuna Ukwazi on Monday approached the Western Cape Division of the High Court for an urgent interdict to prevent Prasa from further evictions, unless it has a court order in accordance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The matter is to be heard on Thursday, 29 August.

Scores of homeless people who have been living along Marine Drive on the Cape Town Foreshore for about a decade had their shelters destroyed by Passenger Rail Agency of South Africa (Prasa) Protection Services and security guards contracted by Prasa last week.

During the operation a 64-year-old man was stabbed in the shoulder.

This was the second time in less than a year that they had been evicted, the last time being on 6 November.

Prasa claimed a security guard was also stabbed.

Attorney Jonty Cogger at housing activist organisation Ndifuna Ukwazi said that after the November evictions, Ndifuna Ukwazi sent letters to Prasa stating the legal framework governing evictions, and warning Prasa to refrain from illegal evictions in future.

Following the evictions of 38 adults and five children on the Transnet-owned property on 19 and 22 August, Ndifuna Ukwazi on Monday approached the Western Cape Division of the High Court for an urgent interdict to prevent Prasa from further evictions, unless it has a court order in accordance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The matter is to be heard on Thursday.

In a founding affidavit accompanying Ndifuna Ukwazi’s application, Ally Al-Habsy says Prasa security arrived at about 6.30am on 19 August and began breaking down people’s homes.

Al-Habsy, who lives on the property with his wife and three children, aged 16, 11, and three, said the security officers were asked to produce documentation authorising their actions, but none was shown.

Racist and xenophobic comments

He said personal belongings, including wallets, phones, pots and pans, were taken away by officers who did not have name badges on their uniforms and made racist and xenophobic comments.

He added that on the next day, 20 August, a Mr Willemse from Prasa Protection Services came to the site and told the people there the demolitions were not supposed to have happened, and they could rebuild their shacks.

The occupiers then sought legal assistance from Ndifuna Ukwazi on 21 August. But on 22 August Prasa Protection Services arrived at the property again and started demolishing the structures that had been rebuilt.

Al-Habsy said that when he asked one of the security officers to show a court order, the officer hit him.

A video of the incident, taken by Haji Abdullah, shows the security officer using his elbow to strike Al-Habsy in the face, after which Al-Habsy grabs a pole to defend himself. In the ensuing fracas, Al-Habsy is stabbed in the shoulder by one of the guards and is dragged away by his friends.

Al-Habsy later got medical treatment at the District Six clinic.

He said that since the demolition the occupiers had been sleeping on the property without shelter, despite the extreme weather.

‘Illegal conduct’

“Prasa’s illegal conduct exposes a continuous and flagrant disregard for the law and for the dignity of vulnerable occupiers,” said Cogger. “Prasa has been unafraid to use physical violence to achieve its unlawful ambitions and must be held responsible for its conduct.”

Prasa acknowledged receipt of Ndifuna Ukwazi’s Notice of Motion. Spokesperson Andiswa Makanda said Prasa would be “legally represented” at the hearing on Thursday.

“Prasa takes note of the allegations regarding the use of violence against its protection officers and is currently investigating the matter,” said Makanda. DM

First published by GroundUp.

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South Africa

Racist and xenophobic comments

‘Illegal conduct’