Ndifuna Ukwazi challenges eviction of 161 people from Transnet land

The legal dispute over evicting 161 individuals from land owned by Transnet in Woodstock and Salt River is expected to persist. Social housing advocates, Ndifuna Ukwazi, have requested permission to appeal a Western Cape High Court decision requiring the occupants to leave by September 30. The organization has now officially applied for leave to appeal the full judgment, seeking approval from either the Supreme Court of Appeal or the Western Cape High Court's full court.

A primary concern in their appeal is the impact on those who might become homeless following the eviction, especially vulnerable occupants such as children, seniors, and individuals with disabilities. Ndifuna Ukwazi contends that the court did not adequately consider the repercussions of eviction without arranging for temporary accommodation, especially for these particularly susceptible groups.

They also challenge the lack of detailed evidence regarding the occupiers' personal situations, which included names, nationalities, ages, genders, and details about minors, seniors, individuals with disabilities, and female-headed households. Furthermore, Ndifuna Ukwazi objects to the court's findings concerning criminal activity linked to the occupied properties, asserting that there is insufficient evidence to connect the represented occupants to the alleged criminal behavior and disputes findings regarding tunnels allegedly used for drug and stolen goods storage.

The organization points out that an inspection of the properties did not mention these tunnels or the related allegations. The City of Cape Town has responded to this challenge, announcing its intention to oppose the appeal for leave to appeal. Mayco member for Safety and Security JP Smith informed the Cape Argus of recent attacks in the area, including assaults on three cyclists, which he linked to the ongoing occupation.

He added that the issues also affected neighboring communities, cyclists, and motorists utilizing the N1. The City intends to contest the Ndifuna Ukwazi application but warns that the threats to public safety will continue during the legal proceedings. The City has also requested Transnet to limit access to its land and prevent any enlargement of the occupation while the legal process unfolds.

Another issue that might be examined in an appeal is whether undocumented foreign nationals who are homeless can be eligible for emergency housing assistance. Ndifuna Ukwazi opposes the blanket exclusion of such individuals and proposes eligibility should be determined based on individual circumstances. The organization also includes South African citizens among the group it represents.

Lastly, Ndifuna Ukwazi contests the court's conclusion that the City does not possess sufficient suitable land for emergency housing, arguing that the responsibility to provide land does not solely lie with the City. Initially, the case involved around 282 people but ultimately pertained to 161 occupants living on Transnet properties in Woodstock and Salt River.

Transnet had previously informed the Cape Argus that the land was crucial for upcoming port-related development and logistics activities in Cape Town.