Another court blow for City of Cape Town against EFF and Bulelani Qolani

The Supreme Court of Appeal (SCA) has dismissed the City of Cape Town’s application in the case against the Economic Freedom Fighters (EFF), Bulelani Qolani and the South African Human Rights Commission (SAHRC), among others.

The city had approached the court in a bid to appeal the Western Cape High Court ruling that its removal of land occupants during the Covid-19 pandemic was unlawful and unconstitutional.

In 2020, the city unleashed its anti-land invasion unit to evict homeless people who had invaded several pieces of its unoccupied land.

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The unit, acting on behalf and on instructions of the city, demolished their homes, shacks and other structures.

‘Too late for City of Cape Town’

The city used counter-spoliation in its defence. “This means, if a homeless person enters the unoccupied land of a municipality intending to occupy it, the municipality may counter-spoliate before the person has put up any poles, lines, corrugated iron sheets, or any similar structure with or without furniture which point to effective physical control of the property occupied,” notes the judgement.

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If the municipality does not act immediately before the person erects a structure, it cannot rely on counter-spoliation as it cannot take the law into its own hands.

It will then have to seek relief from the court for an order to evict.

However, the removals, which took place between April and July 2020, took place without an order of court.

On the city’s admission, there were structures already erected on the land when the unit arrived. The city did not know for how long those structures were there.

There was also no evidence that the alleged land invaders had just moved on to the land with some materials.

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The unit proceeded to demolish them.

This means it was too late for the city to repossess its land without a court order.

The appeal was dismissed with costs.

Bulelani Qolani ‘dragged out naked’

One of the evicted people was Bulelani Qolani, who was allegedly dragged out of his residence naked.

At the time, the city dismissed reports that he was dragged out of his shack naked. It claimed its investigation revealed he voluntarily took off his clothes in protest.

“Footage shows Mr Qolani clothed and standing outside during the operation to remove five illegal structures,” argued the city.

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“Mr Qolani looks directly into the camera, as law enforcement officials are heard dismantling illegal structures. This indicates Mr Qolani was not bathing as claimed.

“Footage further shows Mr Qolani walking out of a structure unclothed. He does this without prompting, and without any law enforcement official near him.

“Mr Qolani then proceeds to pace up and down outside the structure naked, apparently as a taunt, fully exposing himself to onlookers. This occurred prior to the incident with law enforcement officials.”

EFF welcomes judgment against City of Cape Town

The EFF, the fourth respondent welcomed the judgment.

“The EFF welcomes this judgment and will always remain on the side of Africans, and defend them from white supremacists who are now in government with the former liberation movement,” said the party.

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“The land remains central to the freedom of our people, and the EFF will always champion its return to its rightful owners,” said the EFF.