DA supports City of Cape Town’s decision to appeal High Court judgment regarding land invasions

26 August 2020

The Democratic Alliance (DA) supports the City of Cape Town’s decision to appeal Tuesday’s judgment by the Western Cape Division of the High Court that essentially bars the City from protecting property from land invasions.

This decision by the court will not just have serious repercussions for the City of Cape Town. It sets a very dangerous precedent against all municipalities and property owners.

Currently, the City is allowed to remove empty structures illegally erected on private property to prevent occupation and thus land invasion. This court decision prevents the removal of these illegal unoccupied structures and makes it that much easier for illegal land occupation to occur and erodes the rights of the legal owners of the property and counter-spoliation efforts.

As part of the City’s bid to stem land invasions and protect property rights, it has removed 55 000 illegally constructed, unoccupied structures from various parts of the metro since 1 July 2020. There can be no doubt that land invasions will increase exponentially if this decision is upheld and will endanger the R1.3 billion housing projects underway in Cape Town alone.

The DA deems the City’s actions as necessary and vital for upholding the Rule of Law and for protecting public land intended for services, housing, community facilities, schools and transport services.

We call Minister of Minister of Human Settlements, Water and Sanitation, Lindiwe Sisulu, to come to her senses and unequivocally condemn land invasions - not just in the Western Cape, but across the country. Her silence on this matter will compromise the ability of municipalities to safeguard land earmarked for housing opportunities against illegal invasions.

Issued by Solly Malatsi,DA Shadow Minister in the Presidency, 26 August 2020