We’re not criminals, say Transnet land occupiers

Over 160 people residing on ten Transnet-owned sites in Woodstock and Salt River are challenging an eviction order from the Western Cape High Court. Judge Derek Wille gave the occupiers until 30 September to vacate the properties, which Transnet claims to be unsuitable for human habitation and pose health and safety risks. Transnet argues the properties are needed to fund its financial recovery plan.

The City of Cape Town contends the occupations have created crime hotspots. Over eight months, there were more than 100 assaults on cyclists and over 20 armed robberies near the sites. Transnet's legal team presented this as evidence of the occupants engaging in criminal activities.

Housing activists Ndifuna Ukwazi dispute this link, stating there is no evidence connecting the occupants to the alleged criminal activities, even though many have cooperated with authorities. The activists argue the court erred by failing to recognize this lack of evidence.

Judge Wille noted tunnels under the properties allegedly used to store drugs and stolen goods. He inferred that the occupation likely serves as a base for criminal activity, given the lack of nearby employment opportunities and the numerous criminal incidents.

Many occupants have also admitted to being undocumented. The court ruled that neither the City nor Transnet was obliged to provide emergency accommodation, considering the unique circumstances, including unlawful occupation, criminality, and the presence of undocumented foreign nationals.

The City's safety and security mayco member, JP Smith, described the appeal as a setback for public safety. He expressed concern that a protracted appeal could delay efforts to prevent attacks on road users and cyclists, which have continued to escalate over the years.

Housing activists from Ndifuna Ukwazi maintain they are not criminals, describing their site as a family. They emphasize that accusations of crime hurt and are inhumane. They reject relocation unless they can remain together.