The South African Human Rights Commission and three other applicants including the Economic Freedom Fighters (EFF) are continuing their battle in the Western Cape High Court on Wednesday with the City of Cape Town, the Minister of Human Settlements and the Western Cape Provincial Government, among others.
This is over the conduct and legality of the City’s Anti-Land Invasion Unit.
On Tuesday, legal counsel for the Human Rights Commission argued that counter-spoliation, or the legal remedy which allows for a landowner to forcibly re-take possession of property that was taken unlawfully, is reminiscent of apartheid-style conduct.
Western Cape Minister of Human Settlements Tertuis Simmers says, “The common law remedy of counter-spoliation, which recognises an owner’s right to immediately take possession of unlawfully taken property without approaching a court first is a vital means by which the violent and often orchestrated invasions of our land is avoided. Whilst the desperate need for housing is clear, the invasion of public use cannot be allowed to continue with impunity. ”
SABC’s Mariska Botha report on Tuesday’s court proceedings:
In July, the City of Cape Town’s Anti Land Invasion Unit received criticism over the removal of a naked man from his dwelling while he was taking a bath.
Gauteng’s new anti-land invasion strategy
In August, the Gauteng government and the City of Johannesburg launched a new anti-land invasion strategy.
About 1 500 community safety patrollers were deployed across the province for three months to prevent and discourage the illegal invasion of land.
The patrollers are volunteers from identified hotspots areas. They will assist authorities with intelligence to help prevent land grabs.
Gauteng launches anti-land invasion strategy:
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