DA welcomes City of Cape Town’s possible SCA petition to appeal High Court judgment on land invasions

2 October 2020

The Democratic Alliance (DA) has noted with disappointment the ruling by the Western Cape Division of the High Court on Thursday dismissing the City of Cape Town’s application for leave to appeal an earlier ruling that essentially bars the City from protecting property from land invasions.

The ruling prohibits the City from removing empty structures illegally erected on private property and in essence stops the metro from preventing illegal occupations and land invasions.

Since 1 July 2020, the City has removed 55 000 illegally constructed and unoccupied structures across the metro in a bid to stem land invasions and to protect property rights. The High Court’s decision, however, could set a dangerous precedent, not only for the City of Cape Town but for municipalities across the country.

This is as a major threat to the rights of the legal owners of property and counter-spoliation efforts.

The City has now indicated its intentions to possibly petition the Supreme Court of Appeal. The DA welcomes this move by the City as necessary and vital in upholding property rights and the rule of law and in protecting public land intended for services, housing, community facilities, and transport services.

Issued by Solly Malatsi, DA National Spokesperson, 2 October 2020