Cape Town – Judgment has been reserved in the City’s leave to appeal case between the SA Human Rights Commission and the Legal Resource Centre.
The City is appealing a judgment that was made in August by the Western Cape High Court granting an interim interdict against it from carrying out any evictions or demolishing of shacks.
Legal representative for the City, advocate Sean Rosenberg, told the court that the appeal was within the interest of justice: “The relief granted terrains on the branches of government.”
The case was brought after Bulelani Qholani, 28, was manhandled and thrown naked to the ground by Cape Town Law Enforcement officers.
“The court had no regard for the version for the City. His structure was not in place the day before and a detailed account is given. Another court will decide that if you had to make a prima facie decision you must take all into consideration, whether there was reasonable doubt or not. This was leapfrogged by the Human Rights Commission,” said Rosenberg.
Presiding Judge Rosheni Allie and Judge Shanaaz Meer said it’s indisputable that the City’s behaviour was arbitrary.
“Factually, it was indisputable that the City was using an arbitrary measure when it came to occupied and unoccupied structures, and under those circumstances, an interim basis defers to a court of law,” said Allie.
In the judgment handed down in August, the court ordered the City to return all the building material and personal possessions that its Anti-Land Invasion Unit seized in Ocean View, Kommetjie and Ethembeni, Khayelitsha from May 1.
In return, the court ruled that the second intervening party, the EFF, furnished the City with a list of names of those who have lost personal belongings and the City compensate them with R2 000.
Rosenberg said: “The City has repeatedly mentioned in court that the interim order would have a great impact on land that has been earmarked for housing developments.”
Representative for the applicants, advocate Norman Arendse, argued that the appeal is not within the interest of justice.