Joint Media Release by Premier Alan Winde and Minister of Human Settlements, Tertuis Simmers:
Interim interdict will set a precedent on illegal land invasions
28 August 2020
The interim interdict handed down by the Western Cape High Court this week which bars the City of Cape Town from taking immediate counter steps to halt ongoing illegal land occupations by prohibiting the removal of all tents, shacks or similar structures which have not been occupied, not only impacts the City of Cape Town during the period of the Covid disaster period, but will also set a precedent as to how all land owners handle illegal land invasions going forward.
Whilst this order purports to be contained to recent demolition actions taken by the City’s Anti-Land Invasion Unit during the course of various invasions of City land, the wide ambit of its effect means that land owners are now prevented from resisting illegal land invasions by removing tents or any other form of temporary structure from their land, even before they are ever occupied without a court order. This is in contrast to our common law position which recognises a landowner’s right to take back possession of his or her property in circumstances where it is done actively and immediately.
Whilst the extent of this right of counter-spoliation is the subject matter of a second hearing in this application, which is only due to be heard by the court in October, the effect of the court’s order in respect of part A, has been to remove both the City and any other landowners’ right to remove incomplete, unoccupied structures on their land whilst it is being invaded.