30 August 2024
Ndifuna Ukwazi attorney Jonty Cogger speaking outside the High Court on Friday to some of the 38 people who had been living on the land owned by Transnet along Old Marine Drive on the Cape Town Foreshore. Photo: Sandiso Phaliso
Attorney Jonty Cogger asked the Cape High Court on Friday to instruct the Passenger Rail Agency of South Africa (PRASA) to return the building material confiscated from 38 people who had been living on land along Old Marine Drive on the Cape Town Foreshore.
Cogger is with housing activist organisation Ndifuna Ukwazi which brought an urgent application on behalf of the land occupiers. Last week, Ndifuna Ukwazi has claimed, PRASA attempted to evict people who have been living on a patch of Transnet-owned land for years.
The application is for an interdict to prevent PRASA carrying out further evictions without a court order. The applicants also want their belongings to be returned.
Ndifuna Ukwazi also wants the rail agency to be held liable for the costs of restoring damaged personal items.
On Friday Crogger told presiding Judge Thandazwa Ndita that PRASA should return the occupiers’ building material because they have been sleeping under extreme weather conditions for nearly two weeks since their belongings were confiscated.
He said PRASA did not dispute that it was on the site on 19 August. Cogger then handed in photographic evidence showing PRASA personnel on site.
“A clear case had been made,” said Cogger. He said there was nothing to dispute the facts his clients had put before the court.
But the lawyer representing PRASA, Mukhethwa Nthambeleni, said that the operation on 19 August 2024 was a joint operation between PRASA, SAPS, the City of Cape Town, Sechaba Security Protection Services and Fidelity Security among others.
Nthambeleni questioned why other parties, particularly the City of Cape Town, had not been included in the application before the court. He argued that the matter could not proceed without all the other parties that were part of the operation.
He said the property cited in the court papers was not PRASA’s property and it is not legally possible for it to evict the applicants.
He said PRASA conducts 24 hour patrols and weekly operations at all of its properties. He said the operation on 19 August 2024 did not include any demolitions and “there were no hammers held by PRASA officers”.
He further added the pictures and videos presented by Cogger were not time stamped and therefore there was no confirmation of when they were taken.
PRASA has been given until Monday, 2 September to file its heads of argument. Judgment was reserved until 6 September.