The City of Cape Town is bracing itself for another round of litigation following the Western Cape High Court ruling that it should expropriate the land where the Marikana community has settled if there is no other option, Rapport reports. As previously reported in Legalbrief Today, the High Court dismissed an application to evict 60 000 people living in the Philippi area. The city was ordered to negotiate with the owners to buy the land and to expropriate it if necessary.

One of the owners of the land, Iris Fischer, said in court papers she has spent R123 000 on sheriff’s fees to evict 192 people at the time, but that it was unsuccessful.

Thulani Nkosi, the residents' attorney, says they expect appeals about the compensation to be paid to the owners.

Mayoral committee member for urban development, Brett Herron, says they are worried about far more consequences. ‘If the judgment creates a precedent that municipalities should buy land which was not part of their housing plans, it could lead to delays for other projects. We expect another round of litigation against the city for the upgrading of the land to proper housing units to have the necessary infrastructure such as roads and basic services.’

Full report in Rapport (subscription needed)