Bulelani Qolani, who was dragged from his shack naked, by City of Cape Town law enforcement officers. The officers have been suspended.
The City of Cape Town’s Anti-Land Invasion Unit will not be allowed to evict people or demolish their structures, whether occupied or unoccupied, without a court order while the country remains in a state of national disaster.
Judges Shehnaz Meer and Rosheni Allie in the Western Cape High Court on Tuesday afternoon granted an interim relief stating the City must have a court order to evict anyone or demolish a home, according to GroundUp.
The case was brought by the SA Human Rights Commission following a string of demolitions and evictions by the City in recently occupied informal settlements.
The removal of Bulelani Qolani from his shack by City officials while naked was widely covered in the media.
Other respondents listed in the case included the ministers of human settlements and cooperative governance and traditional affairs as well as the police and national commissioner.
Meer and Allie also ordered in cases where a court order was obtained for an eviction or demolition, the City must execute the order in a lawful and respectful manner that “upholds the dignity of the evicted persons”.
They said the City was “expressly prohibited from using excessive force” and should not destroy or confiscate material belonging to those evicted.
The court has given the City a week to return “all building material and personal possessions” taken by the unit since 1 May and ordered it to pay R2 000 to the parties cited by the EFF in its submissions to the court.
The City was further interdicted from “considering, adjudicating and awarding” bids and tenders related to demolition services for the unit.
The court also instructed police members present at a court-sanctioned demolition or eviction to ensure the actions are being lawfully executed and to “protect the dignity of the persons evicted”.
Costs of the application will be shouldered by the City, except for the costs of the hearing of 25 July.
The City is yet to respond to our request for comment on the ruling today.
In October, hearings will be held to determine whether or not the municipality has the authority to execute demolitions or evictions without a court order after the end of the state of national disaster.
