The Human Rights Commission is branding Cape Town’s anti-land …

The Cape Town Anti-Land Invasion Unit will destroy the Imiza Moietu hut in Hout Bay in 2017. Archive Photo: (Ashraf Hendrix)

Defenders say it is unconstitutional to demolish structures and eliminate land occupants without a court order.

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The South African Human Rights Commission (SAHRC) said the establishment and operation of the Cape Town Anti-Land Invasion Unit (ALIU) was illegal because it required the demolition of structures without the need for court orders. Claimed in the Cape High Court. last week.

The proceedings regarding the legality of the eviction of land occupants were retried in court in December 2020 after two judges were unable to resolve the matter.

SAHRC spearheaded the discussion, stating that ALIU was “not bound by the same rules and standards as SAPS and metro police” and “just a sub-sector in the city.”

Still, ALIU exercised police power, used force to eliminate land occupants and demolish their homes, said Norman Allense, a leading advocate of SAHRC.

SAHRC also states that anti-politics in the event of immediate forced regaining of ownership by the city to justify the demolition of structures and the removal of land occupants without court order. Claimed to have been used.

Arendse argued that anti-politics was unconstitutional. “It allows the city to … circumvent the PIE provisions. [Act]”. PIE Prevention of illegal evictions and illegal occupation from land law, This prohibits illegal evictions and provides steps to follow to evict illegal occupants. Arendse argued that evictions “must be dealt with under court supervision” under PIE law.

Reliance on anti-politics can “increase the likelihood of abuse,” Arense said.

EFF, also the applicant for the case, said that “the city should not be left to judges and executors” when it comes to removing structures.

EFF advocate Tshidiso Ramogale said in a property debate that “it should be the court, not the landowner, who makes the decision.”

“No one should be able to deprive the court of function … and this is what anti-politics do,” Ramogale said.

Background of the incident

The applicants for this proceeding, SAHRC and EFF, held discussions in front of three judges: Judge Vincent Saldanha, Judge Hayley Slingers, and Judge Mokgoatji Dolamo.

In August last year, the Western Cape High Court ruled that the City of Cape Town’s Land Invasion Prevention Unit (ALIU) evacuated and destroyed houses without court order while the country declared a state of emergency. You can’t do it. disaster.

SAHRC hopes that this ruling will extend beyond the disasters of the nation-state.But last December, Judge Yasmin Meer and Judge Rosheni Allie Could not reach consensus About the problem. It was decided that the matter should be asked again before the full bench of the three judges.

The hearing began with discussions by the applicant. The issue lasts for another 3 days on a date that has not yet been confirmed. DM