Judgment in the matter between Hangberg residents and the City of Cape Town over the eviction and demolition of a family home in the area is expected today, says a Cape Argus report.

Yesterday, the case was heard by Western Cape High Court Judge Gayaat Salie-Hlophe, who wanted to know why the city did not seek relief from the courts before proceeding to demolish the Ginola Phillips home.

Community representative and Advocate Vernon Seymour said: ‘The court is perfectly entitled to pursue in certain circumstances to consider what is referred to as a constitutional remedy. The court must look at what appropriate relief can be provided.’

Seymour wants the court to order the city to rebuild the Phillips home on the same property, and at its expense.

‘We are asking the court to make an order for the respondents to rebuild the structure. The city did not pursue a legal court order to demolish the structure and instead opted to act upon itself,’ Seymour said.

The city’s legal representative, Renate Williams, said the structure that Phillips was staying in cannot constitute as his place of residence.

‘In his own version he was not living in the structure; he said he was staying in the structure occasionally and other times he didn’t. So he (Phillips) must have known the sand dune his structure was built on.’

Judge Salie-Hlophe asked whether it was a requirement that, if it was Phillips’ home, he had to stay at the premises all the time.

‘The fact that you’ve made it your home should be known as your home,’ she said.

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