Judgment reserved in urgent eviction case for residents of Darling Street, Cape Town

Judgment has been reserved at the Western Cape High Court in the urgent eviction application brought by National Minister of Public Works and Infrastructure, Dean MacPherson against residents of Reclaim the City’s Irene Grootboom House formerly known as 104 Darling Street in Cape Town.

The hearing was initially scheduled for April 9 but was heard earlier this week.

The application which was brought forth in February this year, seeks an urgent interim eviction notice for the occupants.

Earlier this week, Judge Mokgoatji Dolamo, reserved judgement in the matter.

According to the 70 page eviction application, an Occupational Health & Safety Report was obtained which deemed the premises as a health hazard due to insect infestations, water leaks, structural cracks, the presence of asbestos material and highly flammable material.

The building is home to 60 people who have occupied the space for years.

Representing most of the residents, Ndifuna Ukwazi Law Centre vigorously opposed the application, arguing the Minister failed to prove the danger was truly imminent.

They called for  the application to be dismissed citing there was a 12-year delay in maintenance at the premises and a failure to take temporary safety measures.

“We further contended that the last-minute changes to the application were procedurally unfair,” they added.

They further stated that the City of Cape Town, a respondent in the matter, acknowledged the health and safety concerns and confirmed an offer of temporary emergency accommodation at the Haven Night Shelter remained available for those affected, should the court grant the eviction. 

“The City did not make any offer at its own Safe Space shelters,” Ndifuna Ukwazi added.

The City told the Cape Argus they were waiting on officials to confirm the above and would be responding accordingly.

Lorenzo Johnson, a political organiser at Ndifuna Ukwazi said: “Given the state of the housing crisis, it would be in all parties best interest to simply repair the building and allow the residents to live in it in a dignified manner, that is in line with the vision of the Constitution.“

On Wednesday, MacPherson’s office said they were unable to respond due to technical errors with their system but earlier indicated they would make sure residents were housed should an eviction take place.

“As has been stated before, the Department is engaging with the City of Cape Town to ensure the availability of safe and secure shelter for any of the inhabitants who may be affected by the proceedings, especially given that the building has been declared unsafe for human occupation and at risk of collapse,” DPWI  said.

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Cape Argus