Judge President John Hlophe will rule soon on what has become the hottest housing issue in Cape Town — whether to give government the go-ahead to forcibly remove 20 000 Joe Slovo residents to Delft.
The minister of housing, Lindiwe Sisulu, asked the courts to pave the way for the eviction of the residents.
The community, which has occupied the land for 15 years, refuses to move. Some residents say they will move only if the government builds houses in Joe Slovo for at least 70% of them.
Last week Hlophe reserved judgement in the Cape High Court on the application brought by government and its housing agency, Thubelisha Homes, to evict the residents.
But an eviction schedule was tabled in court. It will start with 45 families being moved to Delft on the January 28. Evictions will continue for 45 weeks.
Advocate Geoff Budlender, representing the residents, says this is ‘the most serious eviction case [he] ha[s] handledâ€.
Budlender says he cannot ‘remember another case in which government started the eviction of a settled community of 20 000 people where people have lived for as long as 15 yearsâ€.
The state claims the residents are illegally occupying land and should be removed under the Prevention of Illegal Evictions and Unlawful Occupation of Lands Act.
The community claims the state failed to show ownership of Joe Slovo — no title deed was produced — and, without proof of ownership, it cannot be forced out.
The community says it needed the help of the courts because the housing department and the provincial housing department, under MEC Richard Dyanti, promised residents that if they moved to Delft, houses would be built for them in Joe Slovo.
‘This did not happen. Phase one of the N2 Gateway provided only one Joe Slovo resident with a house and there are about 2 000 families living here,†says community leader Manyenzeke Sopaqa.