Judge President now wants new hearing in court case on halting illegal occupations
9 December 2020
The Western Cape Government (WCG) is deeply disappointed to learn that Judge President Hlophe has decided to appoint three new judges for a new hearing to commence de novo in respect of part B of the South African Human Rights Commission (SAHRC) and the Economic Freedom Fighters (EFF) litigation against the City of Cape Town (CoCT) regarding the use of counter-spoliation by landowners as a mean to repel land invasions.
This decision follows an initial communication from his office that only a third judge would be appointed to breach the deadlock between Judge Meer and Judge Allie and that another 5-day hearing would not be required.
We were further informed that the initial communication sent to us in this respect was an error.
The first hearing of this matter, which concluded at the end of November after four days of arguments by the various Counsel, was followed by the two presiding Judges Meer and Allie advising that they cannot reach an agreement on the terms of the judgement.