Western Cape High Court ruled against the City of Cape Town

Mluleki Mrwebi
17 March 2014

This week the Marikana Land Occupation won a case against the City of Cape Town regarding demolition of shack dwellers in Marikana settlement in Phillipi. 

The City of Cape Town’s Anti-Land Invasion Unit demolished shacks on the 7^th and 8^th of January saying it was illegal for the residents to build on the land. 

The Western Cape High Court ruled that no municipality has the right to decide what counts as a home. 

Abahlali baseMjondolo’s Boitumelo Ramahlele said the City has submitted an application that says they want to appeal this decision to Supreme Court.

Ramahlele added that if the City gets granted that permission that means the residents will not be allowed to erect structures until the constitutional court responds.

Meanwhile the African Christian Democratic Party in the Western Cape said it supports the decision by the court regarding the demolition of the shacks as unconstitutional and unlawful. 

ACDP Provincial Leader Ferlon Christians said it is important for the city to follow procedures before evicting people. 

Christians said the ACDP is warning the City to follow proper procedures before evicting people and we need to be sensitive towards other people.