Attorney questions 15-month delay in delivering judgment
A judgment reserved in the Western Cape High Court has been delayed for about 15 months in a matter about emergency housing for families facing evictions in the Drakenstein Municipality.
A GroundUp report says it first reported that the judgment in the matter was reserved by Acting Judge Bernard Martin in February 2021.
Eric Lolo, a farm dweller from Wellington and his daughter brought the case against the municipality when he was served with an eviction order in 2015 with no alternative accommodation provided for him and his daughter.
According to the court papers, Lolo brought the case on behalf of himself and other farm dwellers in Drakenstein in the same situation.
In the papers, the applicants said that there was a shortage of emergency housing for evictees in Drakenstein and the municipality further had failed to prioritise emergency housing in its budget, despite the increasing number of evictions.
The matter was first heard in court in August 2020 and then continued in February 2021, after which judgment was reserved.
The attorneys representing Lolo have written to Acting Judge Martin and to the office of Western Cape Judge President John Hlope expressing concern about the matter taking so long.
‘The failure by Martin to provide any indication as to when judgment can be expected in this matter is of grave concern to my clients and ourselves,’ the letter said.
The letter reiterated the duty of a judge to deliver reserved judgments diligently.
No response has been received to the letter, which was dated 22 March 2022, according to attorney Johan van der Merwe, representing Lolo.
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.
