City opposes bid to strike down critical property protection rights
11 October 2021
The SAHRC and EFF argue that a court order should first be obtained before a landowner can act to stop an invasion of property in real-time, when it is crucial to remove structures while these are still half-built and unoccupied.
The applicants also want the well-established legal right – known as ‘counter-spoliation’ – declared unlawful. This would remove the existing ability of owners to lawfully retake possession of seized property, without approaching a court first.
The City argues that counter-spoliation is both constitutional and vital for the protection of public land from mostly well-organised unlawful occupation attempts.
It is not feasible to follow lengthy court processes before responding to coordinated invasions, which are often backed by criminal syndicates seeking to profit from illegal plot-selling and electricity connections. In these instances, fully-built structures can even be dropped onto sites and furniture thrown in to create the impression of a ‘dwelling’.