Judge Jody Kollapen, of the Western Cape High Court, yesterday ordered the Minister of Rural Development & Land Reform to start work immediately on a restitution plan for people evicted from District Six during apartheid. A News24 report notes the court heard that the claimants had lodged their application by the end of the first land restitution deadline of 31 December 1998.

About half opted for financial compensation, but 89% of those who had expected to move back were still waiting.

Advocate, Geoff Budlender SC told Kollapen that the claimants wanted an order immediately that said the government had breached its constitutional obligation to carry out restitution. They also wanted it to be made an order that the government provide a detailed plan within three months on how and when they are going to get their land, and how the restitution they were promised would be realised.

Budlender said that not only were the forced removals ‘unbelievably traumatic’, but most of the people who succeeded with their restitution claims for District Six had heard nothing afterwards.

Advocate Sean Rosenberg SC, who represented the government bodies, conceded that there were delays, but said the issue was complicated. According to the News24 report, he said the case was unique and complex because the government had hoped for more than just giving back empty land. It had wanted to create a new development with a mixture of claimants' housing, as well as private houses for sale, and social housing.

It also wanted to include commercial space in the new development on the 40 hectares available that was within walking distance of the CBD. He said the first and second phases of the restitution programme had been completed but it was the more difficult Phase 3, with the proposal for mixed use, which contributed to the delays.

Kollapen said that the matter was urgent enough to hand down a partial judgment immediately on some of the points while he thought about the others. He ordered that the government start work immediately on a plan to make real the restitution promised to the claimants.

Within three months this plan must be brought to the court and must say what the development will look like, what the budget is, and how the units will be allocated.

In the meantime, he reserved judgment on the request for an order that the government be declared in breach of its constitutional duty, and the costs portion of the application. He hopes to hand down judgment on those issues by the end of the year, or early next year.

Full News24 report