City forced to defend counter-spoliation remedy
A legal skirmish about the right of landowners to evict illegal occupiers without a court order has shone a harsh spotlight on SA’s housing backlog.
The SA Human Rights Commission (HRC), the EFF and the City of Cape Town last week slugged it out in the Western Cape High Court, 15 months after Khayelitsha resident Bulelani Qolani was filmed being hauled naked from his home by city officials.
At the heart of the case is the legal remedy known as counter-spoliation, which allows a person to forcibly retake possession of property unlawfully taken from them.
The Sunday Times reports that the HRC and EFF want the court to declare counter-spoliation unconstitutional and unlawful.
HRC commissioner Chris Nissen says in an affidavit that the city has no right to demolish structures without a court order, even if it believes they are unoccupied.
The EFF’s Viwe Sigenu applied to join the court action on behalf of residents in the Cape Flats community of Zwelethu, where, he said, a land invasion happened in March 2020.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
