NU & PRASA in court over 'illegal eviction' along Marine Drive

The Western Cape High Court will on Thursday hear the case between housing group, Ndifuna Ukwazi (NU), and rail agency, Passenger Rail Agency of South Africa (PRASA), about the alleged illegal eviction of occupiers who had been living in informal structures and tents on Transnet-owned land along Marine Drive for about two decades.

It is understood that PRASA Protection Services and other security officers demolished the informal structures, confiscated building materials and confiscated occupiers’ personal belongings on 19 and 22 August 2024.

During the eviction, an elderly man was stabbed in the shoulder. Ally Al-Habsy (64) said he asked the security guards to produce documentation authorising their actions, but, according to him, none were shown.

‘’On Monday, 19 August, security came early morning, around 6a.m, and started breaking homes, shouting people must leave. I said if they want to break, then they must show the court order. They said they do not like foreigners, which means they are xenophobic. On Thursday, 22 August, around 11a.m, another security came from PRASA, some we know, they came to break down. I said if they are breaking the structure, not all are there. It was a big mistake for me, as they attacked me, I fell down, they tore my t-shirt and one stabbed me on my shoulder. I had nowhere to go, so I went to Ndifuna Ukwazi, who helped me.’’

PHOTO: NU  – Zacharia Mashele

The occupiers, who are represented by the Ndifuna Ukwazi Law Centre, on Monday, launched proceedings in the Western Cape High Court on an urgent basis for an order interdicting PRASA from carrying out further illegal demolitions of the occupiers’ homes and directing PRASA to return their confiscated materials and their belongings.

‘’PRASA’s illegal conduct exposes a continuous and flagrant disregard for the law and for the dignity of vulnerable occupiers. PRASA has been unafraid to use physical violence to achieve its unlawful ambitions and must be held responsible for its conduct,’’ said Dr Jonty Cogger, Ndifuna Ukwazi attorney.

In response, PRASA said it would be at the hearing.

“PRASA takes note of the allegations regarding the use of violence against its Protection Officers and is currently investigating the matter,” said Andiswa Makanda, PRASA spokesperson.

 

Done By: Mitchum George