Prasa wants full bench to hear appeal against court order to return material belonging to evicted land occupiers

12 Sep 2024

Last week, the Western Cape Division of the High Court gave Prasa 24 hours to return the group’s belongings or build them temporary housing, which it has not done.

The Passenger Rail Agency of South Africa (Prasa) has filed an application for leave to appeal against a court order by Western Cape Division of the High Court Judge Tandazwa Ndita. The judge ordered the rail agency to return the belongings of people living on Transnet-owned land on Cape Town’s Foreshore.

The building materials and personal possessions of 38 people were confiscated during attempts to evict them on 19 and 22 August from the land off Marine Drive. The group has been opposing this move in court, assisted by housing organisation Ndifuna Ukwazi.

On Friday, Judge Ndita gave Prasa 24 hours to return the group’s belongings or build “temporary habitable dwellings that afford shelter, privacy and amenities at least equivalent to those that were destroyed”.

But this has not been done. This week, Prasa filed papers to oppose Ndita’s order, stating that the removal of the people from the site was part of a joint initiative, “Operation Reclaim Our Rail”, with security services, including the South African Police Service (SAPS), Sechaba Protection Services and Fidelity Security.

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In court papers, Prasa says it wants the appeal to be heard by a full bench or be referred to the Supreme Court of Appeal. Prasa argues that because other parties such as Sechaba Protection Services and Fidelity Security were involved in its operation on 19 August, they ought also to have been cited as respondents in the case.

“There is nowhere in the papers where the SAPS was ever mentioned. However, it is not disputed that SAPS was part of this operation that resulted in their urgent application,” Prasa said.

“It is trite and settled law that any party who has a direct and substantial interest in the subject matter must be joined in the proceedings to safeguard their interest.”

Prasa also argues that the City of Cape Town should be included in the court proceedings.

“In all evictions that involve unlawful occupiers, the City of Cape Town becomes an interested party in any proceedings to be launched in court as the City has the responsibility to provide alternative accommodation to unlawful occupiers,” said Prasa.

Prasa also says it is checking the authenticity of the photographs submitted by lawyers representing the people occupying the site.

The Ndifuna Ukwazi Law Centre, representing the 38 people, said that the urgency of its application was being undermined by Prasa.

“Given Prasa’s national role, it is unacceptable for them to devote so many resources to avoiding accountability for their mistreatment of people experiencing homelessness. These individuals, already marginalised by political rhetoric, particularly in the City of Cape Town, are now further victimised in a city known for its extreme inequality.”

“While we do not deny the right to property, it is crucial to balance it with the rights of the less powerful, who are simply fighting for a place to call home — something the state has failed to provide for all who live here,” said Yusrah Bardien, the spokesperson for Ndifuna Ukwazi. DM

First published by GroundUp.

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