While the matter was heard on Wednesday 30 April 2020 before Judge Taswell Papier, about 60 homeless people from Wynberg Road left the site. 

In a video clip circulating on social media, law enforcement officials can be seen opening the gate at the Strandfontein Sports while some who had been moved there left. Others remained while waiting for the City to relocate them.

Lawyer Vernon Seymour, representing the Strandfontein Social and Economic Development Forum and Strandfontein Ratepayers Association, filed an urgent application last week.

In papers the parties sought an order declaring actions by the City of Cape Town placing 1600 homeless people at the complex, to be in violation of the regulations made in terms of the Disaster Management Amendment Act.

The City in its answering affidavit set out that medical, health and safety measures and social distancing and hygiene protocols mandated in terms of the National State of Disaster declaration were all in place.

Papier, from the outset, underlined the matter was not a “normal case”, that the stakes were very high and involved life and death. He also asked how it was possible for the city to argue that it represented the interest of homeless people when none of them were present in court.

Papier ordered that the matter be postponed and that parties involved met to discuss the matter to find an amicable solution. But the question remained as to what purpose such an engagement would serve if the city decided to close the Strandfontein temporary shelter site.

Mayoral committee member for Community Services and Health, Zahid Badroodien’s initial message which went viral on social media stated that as of Wednesday, 30 April, the site would be shut-down and that mid-May all street people would be relocated. This message was sent out before the matter was heard before Papier.

When asked for comment Badroodien said: “The City said from the outset that the Strandfontein temporary shelter site will be closing. We have reiterated this position on a number of occasions so it really shouldn’t come as a surprise.

“Furthermore, we are not closing the site because of pressure from any particular grouping. As of yesterday, no more people will be taken in at Strandfontein. Those who require further assistance will be helped to smaller shelters which are currently being prepared. We envision that the site will be empty by May 20.”

Seymour has, in the meantime arranged a meeting with all the relevant role players, to take place on Saturday 2 May 2020. He also questioned the motive of the 11th-hour decision by the City and added that his clients arguments for urgent court application had been based on the medical risks the site holds for both the homeless people and the Strandfontein community at large.

Spokesperson for the Strandfontein Social and Economic Development Forum, Mandy van Willingh, said:“Even though the City made an about-turn on the 11th hour, we took the view that the confirmation of the closure presents an opportunity for an amicable settlement of the matter as it appears at least one of our objectives have been achieved.

“The case was postponed to allow parties to engage. However, should no settlement be achieved, we will then return to court to present our case at an appropriate date to be determined by the legal teams.”

Shortly after the matter was postponed for further mediation, Mayor Dan Plato launched a scathing attack on the Strandfontein community groups for attempting to evict homeless people.

Plato said the City emphasised that there could not be a blanket movement of persons and any relocation would have to take into account the current regulations, the medical and social needs of the occupants and their human rights.

“The court was critical of the community’s application in that it in effect sought to evict the homeless persons from the shelter during a pandemic and without citing the homeless persons as respondents in the application,” said Plato.

The City had confirmed that the site was always meant to be temporary and that this had been communicated to the applicants before the application was brought. 

“As has always been the intention, the shelter will be closing over the coming weeks, and the occupiers will move in a phased approach to a number of decentralised sites,” Plato said. DM