Category Archives: law

Daily Maverick: City of Cape Town: protecting private property at the expense of shack-dwellers

by Jared Sacks, Daily Maverick

The City of Cape Town was embroiled in controversy earlier this year when it emerged that they were fabricating a law – the so-called Protection of the Possession of Property Act – to justify the violent eviction of shack-dwellers from a land occupation dubbed ‘Marikana’ by its residents.

Now, it seems that the City is still lying – this time claiming that the land from which they have been evicting Marikana residents is City-owned when in fact it is privately owned. The City's Anti-Land Invasion Unit (ALIU) has now demolished these residents’ homes well over a dozen times since 28 April, but the City continues to claim that they are protecting their own land from being occupied.

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Mnisi v City of Johannesburg – Case No 17819 08 (Judgment) 31 07 09

This judgment, handed down today, directs the City of Johannesburg to:

Within one month

1. Report on its steps to realise the applicant’s right to housing.
2. State whether it has fully investigated the possibilities of in situ upgrading and relocation as close as is possible to the Protea South Settlement.
3. Report on its steps to provide water, sanitation, refuse removal and high mast lighting.
4. Undertake meaningful engagement with the LPM comrades
5. The City is interdicted against evicting the LPM comrades until the next court date which will be after the one month deadline for the City to report on its steps to provide housing and basic services to the comrades where or very close to where they are currently living.