City to appeal court judgment relating to Erf 150, Philippi East

The City of Cape Town has considered the recent judgment by the Western Cape High Court in the matter concerning Ms Fischer's private property in Philippi.

The City intends applying for leave to appeal against the judgment to the Supreme Court of Appeal as a matter of urgency.

The City is of the view that the judgment, especially as it pertains to the definition of what constitutes an occupied or unoccupied structure, has serious implications for the systematic, fair and just housing delivery system.

By ruling that the mere existence of an intention to occupy a structure as a home without any factual requirement that the person actually lives in the structure, the Court has in the City's view allowed for the serious erosion of a number of protected rights - both of the State and private land owners.

The judgment, if left unchallenged, could incentivise land invasions and in so doing undermine the rule of law and sustainable housing provision.

Statement issued by Councillor Tandeka Gqada, Mayoral Committee Member for Human Settlements, City of Cape Town, March 17 2014

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