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People’s Post
HANGBERG
City rebuilds structure NETTALIE VILJOEN
Ginola Phillips, far right, looks on as the City rebuilds the structure which it tore down a few weeks earlier in Karbonkel Road, Hangberg. PHOTO:
NETTALIE.VILJOEN@MEDIA24.COM
O
n Wednesday 15 July, the Western Cape High Court ruled in favour of the community of Hangberg and Ginola Phillips (20), the owner of a structure which was dismantled by the City of Cape Town’s land-invasion unit, not once, but twice, in June. Judge Gayaat Salie-Hlophe ordered that the actions and conduct of the City in demolishing and dismantling the wendy house structure, erected by Phillips in Karbonkel Road, Hangberg, on Thursday 11 and Friday 19 June were unlawful and unconstitutional. The judge ruled that the City’s actions amounted to an eviction and violation of Section 36(1) of Alert Level three Regulations, made in terms of Section 27(2) of the Disaster Amendment Act of 2002. The City was directed to rebuild a similar wooden structure of the same size and dimensions of the demolished structure dismantled on 19 June within 48 hours of being granted the order. The respondents (the City and mayor Dan Plato) were ordered to pay the costs of the court application jointly. The City’s informal settlements management department began construction of the new structure at erf 2844 Hout Bay on Thursday 16 July. People’s Post visited the site the next day. By 15:00, contractors were still busy putting up the roof, but Phillips, and his halfbrother, Emile Plaatjies, were hopeful that they would be able to move in by sunset. Luney Phillips, who was with Ginola at court on Wednesday, said her brother was teary-eyed when the judgment was read. “You could see the relief on his face. He was just so glad that all of this was over. He also told me it felt so good that someone like him, representing the younger generation, could win something like this. It gives the youth hope for the future,” Luney shares. Roscoe Jacobs, an activist speaking on behalf of the Hangberg community, says they were overjoyed with the ruling of the Western Cape High Court. “But this judgment also highlighted the fact that the City is not above the law and,
NETTALIE VILJOEN
therefore, we call on the City of Cape Town to hold those who have taken this decision and implemented this decision accountable because they have violated our community’s human rights, but they have also broken the law. Somebody needs to be held accountable,” Roscoe says. Mayor Dan Plato says the City noted Judge Salie-Hlophe’s judgment with disappointment. “Despite the City offering two alternative sites for the structure to be built, and making it clear that notice had been given at the time not to erect the illegal structure, the judge still ruled in favour of the occupant of the illegally erected structure. “This ruling was made despite the judge challenging the applicants yesterday on why they did not accept the alternatives offered,” Plato says. Malusi Booi, the City’s Mayco member for human settlements, says the City is provid-
ing a complete wendy house, which includes all of the material and the construction of it. “The City is adhering to the judgment and it will still further consider the situation,” Booi says. The debate surrounding the legality of the demolition of the structure in question first appeared in court on Friday 26 June after Hout Bay Community Activists launched an urgent application in the Cape High Court, citing “a violation of the lockdown regulations”. The case was postponed to Tuesday 7 July to allow the parties to attempt an amicable settlement of the matter. But after settlement negotiations failed, the case went ahead on Tuesday 14 July (“Hangberg: settlement negotiations fail”, People’s Post 7 July). Judgment was delivered the next day. Erf 2844, which belongs to the City, is located next to Little Angels Educare Centre. Before the national lockdown, the City had
agreed to lease the land to the crèche to incorporate a safe house. However, the erection of the structure belonging to Phillips waylaid this plan. On Thursday 11 June, the City dismantled the structure during an anti-land invasion joint-operation (“Tensions flare in Hangberg”, People’s Post 15 June). Three days later, the structure had been rebuilt and Phillips had moved in. On Friday 19 June, the anti-land invasion unit again dismantled the structure. On both occasions, the demolition of the structure led to protests breaking out in the area directly afterwards. During the last protest, two premises were torched in Hangberg – Little Angels and an electricity depot (“Owner vows to rebuild”, People’s Post 30 June). Lt Col K Masakala, the station commander of Hout Bay police station, says the investigation into the case of arson is still under way. No arrests have yet been made.
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