CoCT to petition SCA in fight to be allowed to prevent land grabs

Several weeks back, the Western Cape High Court ruled that evictions could not be carried out while the state of disaster was still in place.

Workers, protected by members of the Cape Town Metro Police and South African Police Services, break down uninhabited shacks in Bloekombos, Kraaifontein, in Cape Town on 6 August 2020. Picture: AFP

CAPE TOWN – The City of Cape Town is considering petitioning the Supreme Court of Appeal in its fight to be allowed to prevent land grabs.

Several weeks back, the Western Cape High Court ruled that evictions could not be carried out while the state of disaster was still in place.

This unless a court order was issued.

The city applied for leave to appeal the judgment, however, the application was dismissed on Thursday.

Mayor Dan Plato is disappointed with the High Court’s decision to dismiss the city’s appeal application.

“We will petition the Supreme Court of Appeal to take our case directly to the SCA. We have to do that in the interests of the citizens of the city.”

He said that land invasions continued unchecked.

Plato said that the right to counter-spoliate was vital to the city’s land protection efforts.

The South African Human Rights Commission, which brought the matter to the court, counter-spoliation declared unlawful and for the common law to be amended.

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