The State says it recognises and accepts its unfulfilled obligation to process most of the 1998 District Six restitution claims.
The District Six Working Committee brought an application on behalf of 136 families to the High court in Cape Town to force government to settle their land claims, which have been outstanding since 1998.
Senior Council Sean Rosenberg argued for the State that the District Six matter was a complex and ambitious project that was marred by a number of challenges.
The former residents of District Six lived in the historical area, at the foot of Table Mountain, before they were forcibly removed under the 1950 Group Areas Act. Many were resettled in far flung areas outside the city. Promises were made that those who wanted to return to the area could do so.
In 1998, close to 3 000 land claims were lodged in the area. More than half of the claimants opted for financial compensation, while the rest wanted to return home. For them, the matter has been dragging on for 20 years.
Their only option was to turn to court.
“I moved from District Six when I was 19 years old – and now I’m 68 years old. I spent most of my time in Hanover Park now, but I was born in District Six.”
Another claimant said that he was happy with the progress.
“I feel glad today that there is progress and God-willing, we will return to District Six.”
The claimants received some clarity on the way forward after the court proceedings.
Lawyer Nicki van Riet says that this was a great victory for the claimants.
“Today, actually was a great victory for the District Six claimants… where the State said one thing on the papers and seems to have made an about turn. What was found was that the State has to render a plan of action within three months, and it has to be filed. According to that plan, we need to get a conceptual layout, we need budgets, we need to know who will fund the exercise – and we need to come back to court in three months to see whether the plan is going to be viable, and on a three monthly basis they will be reporting back to court on that plan of action.”
Judge Jody Kollapen reserved judgement on whether the State was in breach of the constitution in terms of Section 25, which is to provide restitution.
The District Six committee is hoping the court will rule on that order in about three months.
Watch related video below:
