Rehana Rossouw
DISTRICT SIX could be the first case to be heard by the Land Claims Court, but the issue it will address — hotly disputed by some former residents — is whether to block individual restitution claims in parts of the
The area is internationally regarded as a symbol of the Group Areas Act which was used to uproot thousands of people from their homes before bulldozers moved in and razed them to the ground.
Former residents have been among the first to approach the commission on restitution of land rights for compensation for their loss. The Western Cape branch of the commission has to date received 21 claims from District Six.
But the Cape Town Community Land Trust, which has been negotiating for years to redevelop District Six and rehouse former residents there, wants to apply to the court to disallow individual claims.
“Our mandate, which was given through many years of negotiating with the broadest range of former residents, is to redevelop District Six. It will be impossible to achieve if each individual resident was to claim his own little piece of land,” said the trust’s spokesman, Vernon Joshua.
Western Cape land claims commissioner Wallace Mgoqi said there could be some tension when the case went to court. “Some of the individual claimants are saying that they are being robbed for the second time.”
“On the one hand, former District Six residents have the guaranteed constitutional right to claim restitution on an individual basis. On the other hand, they are saying the Cape Town Community Land Trust is attempting to take that right away.”
Mgoqi said the commission would assist in persuading individual claimants that a more equitable distribution of land could be achieved if the District Six claim was heard by the Land Claim Court as a group, rather than the court hearing individual claims.
The commission met the Cape Town Community Land Trust this week and asked that they widely advertise their intention to apply to the court for exemption so that people wishing to oppose the motion could prepare their
Already, the District Six Civic Association, which represents 50 former District Six residents applying for restitution, said it intends opposing the court
“Individuals have the right to submit their claims to the commission. While we have no objection to the Community Land Trust redeveloping the area, we intend defending our rights to approach the court on behalf of our membership,” said District Six Civic spokesman Abdual Ebrahim.