Attention: Editors and Reporters

Wednesday, 21 August 2019

Today, the South African Human Rights Commission’s (SAHRC) application will be heard in the Western Cape High Court for a declaratory order to declare that the failure of the City of Cape Town to provide appropriate alternative accommodation to families of the Klein Akker community, Kraaifontein, prior to eviction, as well as the way in which the eviction was carried out by the property owner, Odvest 182 (Pty) Ltd, amounted to a violation of various human rights.

Although the property owner had obtained an eviction order, no appropriate alternative accommodation for residents had been found, and the evicted families are now stuck out in the cold on Botfontein Road without any temporary accommodation. The Commission’s application asserts that the eviction, which has left several families stranded, has given rise to a series of rights violations, including the right to adequate housing, the right to water and sanitation, the rights of children, the right to a basic education, and finally, the right to human dignity.

The SAHRC further supports the counter application being made by the Legal Resources Centre for emergency accommodation and constitutional damages.

The SAHRC emphasises that the eviction of persons must be carried out humanely, and in line with existing laws and constitutional principles. The SAHRC is hopeful that this litigation will not only provide these families with much needed relief, but will serve as a reminder of the constitutional and legal obligations which must be complied with when carrying out an eviction in future. We are particularly concerned about the children affected, given the impact on their right to a basic education and in view of the paramountcy of the best interests of the child in our Bill of rights.

Members of the media are invited to attend the proceedings. The Matter will be heard at the Western Cape High Court at 14:00 this afternoon..

Ends.

Issued by the South African Human Rights Commission

Bahia Sterris, Acting Provincial Manager, Western Cape Provincial office -  073 0752278