PRASA taken to court over “illegal” eviction in Cape Town city centre

PRASA officials demolish shacks on Transnet property on the Cape Town Foreshore. Ndifuna Ukwazi is seeking an urgent interdict against evictions at this property without a court order. Photo: Screengrab from video footage by Haji Abdullah

• More than 40 people who have been living on Transnet property for more than a decade had their shacks demolished on 19 August.

• The next day, they say, a PRASA official said they could rebuild their structures.
• But then on 22 August, their structures were again demolished, and one of the residents was stabbed.
• Ndifuna Ukwazi are seeking an urgent interdict against further evictions by PRASA without the necessary court order.

Scores of homeless people who have been living along Marine Drive on the Cape Town Foreshore for about a decade had their shelters destroyed by PRASA Protection Services and security guards contracted by PRASA last week.

During the operation a 64-year-old man was stabbed in the shoulder.

This was the second time in less than a year that they had been evicted, the last time being on 6 November.

PRASA claimed a security guard was also stabbed.

Attorney Jonty Cogger at housing activist organisation Ndifuna Ukwazi said after the November evictions, Ndifuna Ukwazi sent letters to PRASA stating the legal framework governing evictions, and warning PRASA to refrain from illegal evictions in future.

Following the evictions of 38 adults and five children on the Transnet-owned property on 19 and 22 August, Ndifuna Ukwazi on Monday approached the Western High Court for an urgent interdict to prevent PRASA from further evictions, unless they have a court order in accordance with the Prevention of Illegal Eviction from and the Unlawful Occupation of Land Act. The matter is to be heard on Thursday.

In a founding affidavit, accompanying Ndifuna Ukwazi’s application, Ally Al-Habsy says PRASA security arrived at about 6.30am on 19 August and began breaking down people’s homes.

Al-Habsy, who lives on the property with his wife and three children aged 16, 11, and 3, said the security officers were asked to produce documentation authorising their actions, but none were shown.

He said personal belongings, including wallets, phones, pots and pans, were taken away by the officers who did not have name badges on their uniforms and made racist and xenophobic comments.

He said on the next day, 20 August, a Mr Willemse from PRASA Protection Services came to the site and told the people there the demolitions were not supposed to have happened, and they could rebuild their shacks.

The occupiers then sought legal assistance from Ndifuna Ukwazi on 21 August. But on 22 August PRASA Protection Services arrived at the property again and started demolishing the structures that had been rebuilt.

Al-Habsy said when he was asking one of the security officers to show a court order, “he hit me”.

A video of the incident, taken by Haji Abdullah, shows the security officer using his elbow to strike Al-Habsy in the face, after which Al-Habsy grabs a pole to defend himself. In the ensuing fracas, Al-Habsy is stabbed in the shoulder by one of the guards and is dragged away by his friends.

Al-Habsy later got medical treatment at the District Six clinic.

He said since the demolition the occupiers had been sleeping on the property without shelter despite extreme weather.

“PRASA’s illegal conduct exposes a continuous and flagrant disregard for the law and for the dignity of vulnerable occupiers,” said Cogger. “PRASA has been unafraid to use physical violence to achieve its unlawful ambitions and must be held responsible for its conduct.”

PRASA acknowledged receipt of Ndifuna Ukwazi’s Notice of Motion. Spokesperson Andiswa Makanda said PRASA would be “legally represented” at the hearing on Thursday.

“PRASA takes note of the allegations regarding the use of violence against its Protection Officers and is currently investigating the matter,” said Makanda.

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