South Africa


Last-minute delay to court hearing on eviction of homeless people on Cape Town’s streets

Last-minute delay to court hearing on eviction of homeless people on Cape Town’s streets
A group of homeless people, represented by the Socio-Economic Rights Institute of South Africa (SERI), have managed to delay an application by the City of Cape Town to have them evicted from several public sites in the city centre. (Photo: GroundUp / Matthew Hirsch)

The Socio-Economic Rights Institute of South Africa, representing about 120 homeless people, wants the City to provide ‘proper alternative accommodation’.

  • The City of Cape Town’s application to evict people living on several sites in the city centre has been delayed by several months.
  • The matter was to have been heard in court on Wednesday.
  • At the last minute, the Socio-Economic Rights Institute of South Africa (SERI), representing the group of about 120 homeless people, filed an intention to oppose the eviction.
  • The court has given the homeless people until June to file answering affidavits.

In February, the court granted the City’s application for eviction notices to be served at “various unlawful occupations in the Central Business District”. These sites in the city centre include Buitengracht Street, FW De Klerk Boulevard, Foregate Square, the Taxi Rank and Foreshore, Helen Suzman Boulevard, Strand Street, Foreshore/N1, Virginia Avenue and Mill Street Bridge.

The application for the final eviction was to be heard in the Western Cape High Court on Wednesday. But the hearing has now been pushed back several months after SERI filed its notice of intention to oppose the eviction this week.

Cape Town Mayor, Geordin Hill-Lewis, said in a statement on Wednesday it was unfortunate that the City’s plan to increase “dignified transitional shelter and help more people off the streets would now be delayed”.

“The City remains of the view that no person has the right to reserve a public space as exclusively theirs, while indefinitely refusing all offers of shelter and social assistance.

“Our city’s public places serve important social and community purposes and must be open and available for all. Illegal occupations of city open spaces impact the safety of traffic and pedestrians, as well as local businesses critical to growing the economy. Accepting social assistance to get off the streets is the best choice for dignity, health, and wellbeing,” he said.

Hill-Lewis said that “a late filing such as this not only wastes state resources but causes severe delays in the matter. In the City’s view, the net effect of this will be to keep people on the streets much longer through the Cape winter.”

In the statement, he said Social Development officials had made repeated offers of social assistance to people occupying public spaces in the city centre, including transitional shelter at night shelters run by civic organisations and City-run Safe Spaces.

Khululiwe Bhengu, an attorney at SERI, is representing the group of about 120 homeless people. She told GroundUp that SERI had been approached by the people living at the seven sites to oppose the eviction. 

“Right now, it might seem to many that they are homeless. But they’ve got shelter at the seven sites. It may not be brick and mortar, but those are their homes.”

She said that the group had highlighted several issues with the safe spaces, such as opening and closing hours. She said they needed to be provided with “adequate alternative accommodation” by the municipality.

Bhengu explained that it was important that the group be given time to file their answering affidavits. 

“We went to court to postpone the matter because it was on the unopposed [court] roll and now it needs to be on the opposed roll. Once we’ve filed our answering affidavits, then the City will be given an opportunity to file its replying affidavit.” 

SERI is to file its answering affidavits to the court by no later than 30 June.

“The ideal situation in these circumstances is for the City to provide proper alternative accommodation. There needs to be a long-term solution. You can’t keep people in temporary accommodation forever,” she said.

The matter is now set to be heard in October. DM

Originally published by GroundUp.


Comments - Please in order to comment.

  • David Walker says:

    There are serious consequences to the scenes shown in the headline photograph. These homeless camps destroy property values, make people feel unsafe, and massively damage our tourism offering. And don’t forget the economic loss caused by people camping on train lines. For the sake of poor South Africans needing jobs, we simply cannot afford to allow these camps to destroy our inner city. Something must be done.

Please peer review 3 community comments before your comment can be posted


This article is free to read.

Sign up for free or sign in to continue reading.

Unlike our competitors, we don’t force you to pay to read the news but we do need your email address to make your experience better.

Nearly there! Create a password to finish signing up with us:

Please enter your password or get a sign in link if you’ve forgotten

Open Sesame! Thanks for signing up.

We would like our readers to start paying for Daily Maverick...

…but we are not going to force you to. Over 10 million users come to us each month for the news. We have not put it behind a paywall because the truth should not be a luxury.

Instead we ask our readers who can afford to contribute, even a small amount each month, to do so.

If you appreciate it and want to see us keep going then please consider contributing whatever you can.

Support Daily Maverick→
Payment options

Become a Maverick Insider

This could have been a paywall

On another site this would have been a paywall. Maverick Insider keeps our content free for all.

Become an Insider
Daily Maverick Elections Toolbox

Download the Daily Maverick Elections Toolbox.

+ Your election day questions answered
+ What's different this election
+ Test yourself! Take the quiz