JUST IN | 'Deplorable': City of Cape Town ordered to rebuild Hangberg man's demolished house

The Free Radical

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The applicant, Ginola Phillips below

ginolaphillips-jamesstrent-20200715unnamed_extra_large.jpg

Photo source - GroundUp.


A few questions:

1. It it okay now for anyone to erect an illegal structure anywhere one chooses on City land because of this precedent? I like some of the panoramic sea views from the slopes of Table Mountain. It appears trespass and illegal development on City property is no longer a crime and won't result in demolition according to this 'progressive' judgement.

2. Can we ignore all City planning codes going forth because of this precedent?

3. Why did the judge not consider reparation in ordering the rebuilding of the creche that was burned down by Ginola's buddies in retribution for the eviction?

I sincerely hope the City lodge an appeal ASAP, as this pathetic WOKE judgement runs roughshod over the Rule of Law, the rights of coloured Hangberg residents who demanded the City to demolish the illegal dwelling and City bylaws.
 
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Thestealth

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Who around here lives in Hangberg? What this guy did isn't right but LE in CT are run like a little mafia from within DA.
 

Nqindi

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Yes. This is more like it. Unfortunately this is a small victory compared to the countless people evicted thoughout to the country.
 

Currantly

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Didn’t some other guys do it from 1652 ish.

99% of South Africans living today, are descended from people who found unoccupied land, or conquered people who were occupying land. 1652 was the starting point for neither of those.
 

Currantly

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Yes. This is more like it. Unfortunately this is a small victory compared to the countless people evicted thoughout to the country.

Yeah, funny how these judgements only seem to apply in CT, meanwhile state organised evictions & demolitions of shacks happen daily throughout the rest of the country, with barely an eyebrow raised...
 

Currantly

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CoCT: We have a duty to prevent illegal land invasions

CAPE TOWN - The City of Cape Town said that it had a duty to prevent illegal land invasions.

For this reason, it's opposed a court application that seeks to interdict the metro from carrying out any evictions.

The Human Rights Commission and the Legal Resources Center have filed court papers seeking to halt all evictions in the city.

Cape Town Mayor Dan Plato said that the city would stand up for residents impacted by illegal land invasions.

The court application seeks to stop all evictions and demolitions of informal structures without court oversight for the duration of the national state of disaster.

He said that the rights of people impacted by illegal land invasion were seemingly forgotten by the applicants.

Linky
 

Currantly

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'Very upset' residents called Plato after Hangberg ruling, he tells Parliament

Cape Town Mayor Dan Plato said he received many calls from Hangberg residents who were "very upset" about a High Court ruling ordering the City to rebuild a house it had demolished in the area.

Plato and his team were briefing the Portfolio Committee on Cooperative Governance and Traditional Affairs on the City's human settlements policy.

In the court ruling, Judge Gayaat Salie-Hlophe ordered the City to immediately rebuild Ginola Phillips' demolished house to the same size and dimensions it was, describing the City's conduct as "deplorable, grotesque and without care for human dignity".

News24 reported that the City was considering its options because the order to rebuild the single illegal Wendy house jeopardised the construction of a "valuable community facility", which included a five-a-side soccer pitch.

A group called the Community of Hangberg, brought the application as the first applicant, with Phillips as the second, in response to the City of Cape Town's dismantling of Phillips' home in Hangberg, Hout Bay, twice in June. The City of Cape Town was the first respondent and Plato was the second.


Linky
 

DreamKing

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I saw there were many "new houses" were built near cape of good hope already...
why you only worried about hout bay?

shack is everywhere.
 

access

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ja ne. if you want things done you have to think like a criminal. get syndicates to do the work for you. trying to do whats right results in the opposite effect around here.
 

SoldierMan

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Um, in Joburg they just tore down 300 illegal houses that had been built.

Yet a court in the Western Cape said that the City had to rebuild 1 house that was demolished within 48 hours.

Is it only in the Western Cape that you are not allowed to demolish illegal land occupants buildings? Is it A-ok in Gauteng? I'm confused.
 

Sollie

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Um, in Joburg they just tore down 300 illegal houses that had been built.

Yet a court in the Western Cape said that the City had to rebuild 1 house that was demolished within 48 hours.

Is it only in the Western Cape that you are not allowed to demolish illegal land occupants buildings? Is it A-ok in Gauteng? I'm confused.
All provinces are not equal. How dare you! I'll sommer put Greta on you ...
 

SoldierMan

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All provinces are not equal. How dare you! I'll sommer put Greta on you ...

Seems that way... where are all the ANC sycophants decrying what the ANC government has done to not 1, but 300 people's shacks? Oh right, hypocrites.
 

Currantly

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Some citizens taking advantage of lockdown to invade land - Dept

CAPE TOWN - The Department of Human Settlements, Water and Sanitation on Tuesday said that some people were taking advantage of lockdown regulations to illegally move onto pieces of land.

Under the current lockdown regulations, no evictions or invasions of land may take place.

The City of Cape Town said that there had been over a dozen land invasion attempts over the past several weeks. The municipality has come under fire in some instances for carrying out evictions.

Earlier this month, law enforcement officers moved in to tear down shacks that had been illegally built on municipal land in Khayelitsha. But that led to a major debacle when a video surfaced of a resident allegedly being forced from his shack while he was still naked.

In a statement on Tuesday, said that the pieces of land being invaded were earmarked for government projects. These included providing housing for qualifying beneficiaries who had been on the waiting lists for a long time and who were patiently waiting for their turn.
 
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