Judgment was reserved in the case of those residing in Bromwell Street in Woodstock. Housing advocacy group Ndifuna Ukwazi (NU), on behalf of the Bromwell Street residents facing eviction, had approached the Constitutional Court to appeal against a 2023 judgment of the Supreme Court of Appeal which overturned an order by the Western Cape High Court.
PHOTO SUPPLIEDThe High Court had ruled in 2021 that the City’s emergency housing policy is unconstitutional and ordered the City to provide emergency housing in the inner city for the Bromwell Street families.
Hearings were held at the Constitutional Court on Tuesday.
The Bromwell Street cottages were bought by Woodstock Hub Pty Ltd, a property
development company, for R3.15-million in 2013. The residents began their legal
battle against their eviction in 2016. They are requesting that the City of
Cape Town provide emergency accommodation in the inner city
The City’s social housing programme, for which houses in
Woodstock are still to be built, is “a rental or co-operative housing option
for households earning between R1,850 and R22,000 a month,” according to this
Western Cape Government website.
The City of Cape Town argued that it cannot provide
emergency housing in the inner city, Woodstock and Salt River areas, due to a ‘limited’
available land and financial constraints. The City maintained that it is
reasonable for it to prioritise social housing.
‘’Various municipal-owned properties in central Cape Town –
with a yield of over 3 500 units - have already been released to social housing
developers, including Pine Road, Dillon Lane, and Pickwick in Woodstock, Salt
River Market, and the now tenanted Maitland Mews development. Several more
properties are in the short to medium-term land release pipeline, including New
Market Street, Woodstock Hospital and Earl Street, all in Woodstock, as well as
Fruit & Veg in the CBD,’ said Carl Pophaim, Mayoral Committee Member for
Human Settlements.
‘’In a February 2023
ruling, the SCA agreed with the City’s approach, stating that “the City was
entitled to adapt its housing programme to address the effects of
gentrification, among other challenges. It did so by identifying Woodstock,
Salt River and the surrounds as areas to develop affordable social housing. It
is not clear what could be objectionable about the City seeking to build
affordable houses in the inner city as part of addressing the legacy of
apartheid spatial planning”
Ndifuna Ukwazi argued that the rights of those living on
Bromwell Street’s rights were violated.
On Tuesday, the Bromwell Street case appeared at the Constitutional Court.
— Ndifuna Ukwazi (@NdifunaUkwazi) March 2, 2024
Here’s a highlight video.
We’d like to also take this moment to thank everyone who has supported throughout the past eight years. #standwithbromwell pic.twitter.com/ALFcpBpFmi
Judgment was reserved.
‘’Once the ConCourt has provided its direction, the City
stands ready to determine the number of occupants remaining at Bromwell Street,
including their socio-economic conditions, before further engagements on
alternative emergency accommodation taking into account the currently available
options,’’ said Pophaim.
A lead applicant, Charnell Commando, who reflected on the
hearing, says she just wants the City of Cape Town to be considerate.
‘’Eviction is something that breaks up families, breaks up
communities, it breaks up how you feel inside. The anxiety, the stress, not
knowing where you are going next, being thrown on the outskirts where you can’t
come to your job or where the children can't come to school the whole week.
It’s not just about the case, it’s what actually is happening with the people
in the case. It’s real people’s lives being touched by the case.’’
Done By: Mitchum George
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