The Western Cape Government said this week that it was disappointed that the Western Cape High Court had decided to appoint three new judges for a new hearing to commence from the beginning in respect of part B in an illegal land occupation court case.

According to an EWN report, the matter was brought before court by the HRC and the EFF against the City of Cape Town regarding the use of counter-spoliation by landowners as a means to repel land invasions.

Provincial Human Settlements MEC Tertius Simmers said that the decision followed an initial communication from Judge President John Hlophe's office that only a third judge would be appointed to breach the deadlock between the two presiding judges and that another five-day hearing would not be required.

The first hearing of this matter, which concluded at the end of November after four days of arguments by the various counsel, was followed by the two judges advising that they couldn't reach an agreement on the terms of the judgment.

Provincial Human Settlements MEC Tertius Simmers said: ‘The legal basis for the decision isn't immediately apparent to us and our proposal that the third judge should rather now be added to this matter in a manner akin to what applies to deadlocks in civil or criminal appeals where two judges are routinely allocated, is a more practical, reasonable and legally compliant solution.’

Full EWN report