The Department of Public Works & Infrastructure – currently in a legal battle seeking the eviction of residents at 104-106 Darling Street in Cape Town – has defended itself against criticism that it is not following the proper legal process.

A Cape Argus report notes the property is believed to be among the 338 buildings that are owned by the department, which are believed to have been hijacked and/or illegally occupied.

In the department’s court papers, it argues the Darling Street address consists of two properties: a dilapidated three-storey building and vacant land adjoining it, which it says ‘has become vulnerable to unlawful land grabs or land invasions’.

The department is seeking an urgent notice as an interim eviction, with the assistance of the Sheriff of the Court and the police, and notices on boards would be displayed to inform the occupants that their personal belongings would be removed.

The matter was set to be heard on 9 April, but according to Ndifuna Ukwazi Law Centre (NULC) – which is representing the property – it did not proceed as ‘the State Attorney for the Minister had not set the matter down, later citing that they needed time to respond to the residents’ answering affidavits’.

‘This shows that the Minister had failed to obtain the requisite pre-authorisation to serve the urgent eviction application; failed to attach material reports, and importantly, did not make a case for the extraordinary measure of an urgent eviction that would result in residents being immediately evicted into homelessness,’ the NULC said.

The matter returned to the Western Cape High Court last Thursday.

‘Almost a month later, DPWI has only now filed further papers and approached the court to obtain an order to belatedly authorise the service of the notice of the urgent eviction application, which it now intends to proceed with on 19 June.’

Full Cape Argus report