Judgment reserved in City of Cape Town’s counter-spoliation matter

The Western Cape High Court has reserved judgment on a matter regarding the principle of counter-spoliation which is the reversal of illegal land seizures.

The case was brought before the court by the Human Rights Commission and the Economic Freedom Fighters (EFF) against the City of Cape Town to have counter-spoliation declared illegal, and the City’s Anti-Land Invasion Unit declared unlawful.

It revolves around the City’s eviction of Bulelani Qolani from a shack in Khayelitsha in June 2020.  He was dragged naked from his home by law enforcement officers who were sent to demolish shacks at a site called eThembeni.

Part of the City’s argument is that it can take months, if not years, to obtain a court order for eviction. And this will have a major impact on housing development.

VIDEO: Khayelitsha man evicted naked takes City of Cape Town to court