Judgment has been reserved in Cape Town’s leave to appeal a judgment in August by the Western Cape High Court that granted an interim interdict against the city from carrying out any evictions or demolishing of shacks.

Legal representative for the city, Advocate Sean Rosenberg, told the court that the appeal was within the interest of justice, notes a Cape Argus report.

The case was brought after Bulelani Qholani (28) was manhandled and thrown naked to the ground by Cape Town law enforcement officers.

‘The court had no regard for the version for the city. His structure was not in place the day before and a detailed account is given. Another court will decide that if you had to make a prima facie decision you must take all into consideration, whether there was reasonable doubt or not. This was leapfrogged by the Human Rights Commission,’ said Rosenberg.

Presiding Judge Rosheni Allie and Judge Shanaaz Meer said it’s indisputable that the city’s behaviour was arbitrary.

‘Factually, it was indisputable that the city was using an arbitrary measure when it came to occupied and unoccupied structures,’ said Allie.

In the judgment handed down in August, the court ordered the city to return all the building material and personal possessions that its Anti-Land Invasion Unit seized in Ocean View, Kommetjie and Ethembeni, Khayelitsha from 1 May.

Rosenberg said: ‘The city has repeatedly mentioned in court that the interim order would have a great impact on land that has been earmarked for housing developments.’

Full Cape Argus report (subscription needed)

Rosenberg argued that the city is suffering irreparable harm while the court’s ‘drastic’ judgment remains in place, Die Burger reports.

The EFF and Legal Resources Centre have already intervened in the matter and AfriForum has applied to be admitted as a friend of the court.

Norman Arendse SC, on behalf of the Human Rights Commission, said the application for leave to appeal was premature as the second part of the matter is to be heard next week.

However, asked by Meer what impact a possible appeal would have on the hearing of the second part of the application, both parties agreed that it would be able to proceed.

Full report in Die Burger (subscription needed)