'It's my house or my grave'
2008-02-19 09:08
Nurene Jassiem, Carryn-Ann
Cape Town - In a final bid to remain in the houses of the N2 Gateway Project nearly 2000 illegal occupants from Delft Symphony will take their case to the highest court - the Supreme Court of Appeal in Bloemfontein.
This followed after Judge Deon van Zyl ruled on Monday afternoon in the Cape High Court that there was no merit in any of the statements the illegal occupants had mentioned in their leave to appeal.
The high court decided that they must be removed with immediate effect.
"I believe no other court will come to a different conclusion. The application is denied (without cost)," said Van Zyl.
Furious crowd
Monday's ruling followed two weeks after Van Zyl had decided nearly 2000 illegal occupants must be removed.
The crowd became unruly and angry on hearing the court's decision. The removals were expected to start on Tuesday.
Earlier on Monday evening wooden poles in the residential area were set alight by illegal occupants shortly after they had heard the news.
A pall of dark smoke, driven by a southeasterly wind, was suspended over Delft Symphony on Monday evening. Illegal occupants, the media and security guards stood around. By 18:30 the police arrived on the scene.
"This is a home-thing. We are not going anywhere, we are staying right here," residents sang.
At a meeting late on Monday evening, the Western Cape Anti-Eviction Campaign requested the illegal occupants in Delft Symphony not to become violent, upon which the group dispersed peacefully.
Tears welled up in the eyes of Ronwyn Buxy, 32, when he heard on Monday afternoon that they had to leave immediately. "Some of these people know where they can go, but I have no idea. I am disappointed and saddened about the government, the mayor and everybody who knows about our struggle," he said, adding: "It is my home or my grave."
Some of the people gathered their possessions and started walking at about 17:00, while others were determined to remain put.
"My child is scared. I have given up my work to move into the house, because I can get another job - but where will I find a house?" asked Nabaweya Seconds, 38. She said she had been on a waiting list for her own home for 14 years.
"I have nowhere to go," said Ellaine Bailey.
Tasneem Rawood is nine months and two weeks pregnant. She was devastated while packing her possessions and getting ready to leave.
"What I saw in court today is tragic," said Frank Martin, the DA ward councillor who allegedly encouraged people to move into the houses in December last year. He described the judge's ruling as "one-sided" and "unsympathetic".
Prins Xhanti Sigcawu, the Western Cape manager of Thubelisha Homes and the general manager of the N2 Gateway project, said on Monday evening: "The sheriff will continue with the removals now that leave to appeal has been denied."
Occupants indicated that they would apply for leave to appeal directly from the appeal court.