City of CT to appeal High Court ruling on evictions amid state of disaster

City of CT to appeal High Court ruling on evictions amid state of disaster

The court challenge was brought by the Human Rights Commission, the Legal Resource Centre and others, following several controversial evictions.

FILE: The City said this court order sets a dangerous precedent and makes it almost impossible to protect property from unlawful occupation. Picture: Supplied

CAPE TOWN – The City of Cape Town intends appealing a court ruling that’s stopped it from carrying out evictions without a court order for the duration of the state of disaster.

The court challenge was brought by the Human Rights Commission, the Legal Resource Centre and others, following several controversial evictions.

The City said this court order sets a dangerous precedent and makes it almost impossible to protect property from unlawful occupation.

Cape Town Mayor Dan Plato said since July, City authorities had removed over 55,000 illegal structures across the metro.

He said shack demolitions were necessary to protect public land intended for services.

But the Western Cape High Court has ruled the City, it’s land invasion unit or any private contractors can’t evict people or take down shacks, whether occupied or not, while the state of disaster is in place unless they have a court order.

The ruling states if any evictions were legally executed, authorities must act with respect for the dignity of those being evicted.

The judgment also prohibits authorities from using excessive force or confiscating material which belong to evictees.

The City warned the interdict could lead to an increase in land occupation attempts.

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