Anti-eviction campaign activist Ashraf Cassiem addresses the Cape High Court about a Tafelsig plot being earmarked for a cemetery.
Anti-eviction activists want to ensure that the letter of the law is followed when it comes to the removal of new inhabitants on a Tafelsig plot earmarked for a cemetery.
The City of Cape Town applied to the Western Cape High Court to bar any new inhabitants from moving onto plot Erf 544-60, bordered by Swartklip Road, Spine Road, Honolulu Street and Stella Way in Tafelsig.
Acting Justice Matthew Blumberg in the Western Cape High Court on Thursday March 28 ruled that the “respondents”, a list of 49 people, have until Tuesday May 30 to show why they should not be prevented from moving onto the plot.
“Entering, trespassing or being upon the property for the purposes of unlawfully occupying or invading any portion(s) thereof, save for the portion(s) they already occupy; and/or
“Erecting any new structures on the Property (over and above the existing structures, as identified in annexure ‘B’,” read the order.
Existing structures are to be clearly marked to prevent the City, its employees, consultants and officials, the Sheriff and SAPS from removing them.
The residents must file any notice of opposition by Friday April 12; their answering affidavits are due by Monday April 29; the City should file its documents by Wednesday May 8.
Anti-eviction campaign activist Ashraf Cassiem said they would ensure that in the event of any eviction the rules are followed and that the rights of inhabitants are protected.
He said they have a record of 64 families who having living on the site for more than three years. A woman has been living in a shack for up to 13 years.
Mr Cassiem said they would be serving a notice of intent to defend the plot.
He said the construction of new structures could be prevented but no erected structures could be demolished.
They City told the Plainsman that claims of eviction were not true.
The City can confirm that the erf in question is indeed earmarked for a cemetery.
“The City is applying for an interdict to prevent further occupation of the erf – not to evict persons currently living on a portion of it,” read their response to a Plainsman enquiry.