The impending eviction of more than 100 homeless people living in seven encampment sites across the City centre will come to finality later this year.
A final eviction application was heard for two days in the Western Cape High Court this week, where judgment was reserved on Wednesday.
The City was granted an application in February to serve eviction notices at the various locations, including Buitengracht Street, Helen Suzman Boulevard and Strand Street.
The matter was due to be heard again in April for final eviction, but it was postponed after the Socio-Economic Rights Institute of South Africa (Seri) filed notice of intention to oppose the eviction.
According to the rights organisation representing the homeless people, the court heard the City’s submission where it contended that the eviction order was just and equitable in circumstances where it has meaningfully engaged with the occupiers and offered alternative accommodation in a form of safe spaces, and the eviction was in the public interest.
“Furthermore, that the court should grant the City an interdict to stop the unlawful occupiers from re-occupying the seven sites wherein their eviction is sought,” said Seri's senior attorney, Khululiwe Bhengu.
The organisation submitted on Wednesday that eviction of the homeless people would not be just and equitable because the City allegedly did not meaningfully engage them.
“The City had only done a verification process which was a box-ticking exercise and fell short of meaningful engagement as envisaged by the Constitutional Court in its previous decisions.
“Furthermore, that the safe spaces were not suitable alternative accommodation because the safe spaces do not accommodate children or couples.
“The safe spaces also have lock- out rules. All these infringe on their constitutional rights to dignity and privacy.
“If the City is to evict them, it must provide them with suitable alternative accommodation which will not infringe their constitutional rights,” said Bhengu.
They also submitted that the court cannot grant an interdict against unnamed persons who did not participate in the proceedings and who cannot be linked to the conduct that they were being interdicted from.
“This is at odds with what the Constitutional Court has said on interdicts in its decisions.
“The judge directed the parties to engage about the filing of further papers and he indicated that the judgement would be delivered by the end of this year,” said Bhengu
The City would only say judgment was reserved and it would provide a further update in due course.
Cape Times