Denel land grab case to be heard in June

2015-04-21 18:00


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Cape Town - Although the matter of housing is urgent in South Africa, the Western Cape High Court could only hear cases regarding a land grab in Khayelitsha in June because the correct legal processes needed to be followed.

These were the words of Judge Siraj Desai, who had legal teams for Khayelitsha residents and arms manufacturer Denel before him in court on Tuesday afternoon.

Denel had returned to court on Tuesday regarding an interim order that allowed it to evict invaders of its land.

However, the residents launched a counter-application through their lawyer Thulasive Twala on Saturday to return to the land, which is next to the Nolungile train station in Khayelitsha and is currently empty.

The court room was packed to the rafters with people, many wearing EFF shirts and berets, and it was difficult to hear proceedings because supporters outside sang loudly and stamped their feet.

Desai consolidated the cases and set down a hearing date for June 8 to allow the parties to file the necessary papers.

“This is a difficult matter because it touches to the root of most of our problems in this country and this is the matter of housing,” Desai said in his order on Tuesday.

“Unfortunately, Mr Twala has elected to bring this matter in a somewhat unusual matter. It is a matter that needs to be ventilated in a court of law, albeit, on the face of it, there are limited prospects of success”.

Desai acknowledged that the matter was sensitive and impinged on the dignity of people who had been denied housing.

"I don't need you to convince me of the urgency of housing in this country," he told Twala.

The court ordered the “occupiers” to take all necessary steps to join the City of Cape Town and police ministry as interested parties to the proceedings.

Desai said an interdict preventing the erection of further structures on the land would be extended until the hearing date and the interim relief regarding evictions would remain in place.

Read more on:    denel  |  siraj desai  |  cape town  |  housing

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