File photo of a homeless man sleeping on the street in Cape Town.
The Socio-Economic Rights Institute (Seri) has welcomed a Western Cape High Court order ordering the provision of alternative accommodation for more than 100 people who will soon be evicted from public spaces in Cape Town's inner city.
The group's lawyer, Mr Seri, said the group had accepted from the outset of the proceedings that its occupation of sites on the outskirts of the city centre was illegal, “and therefore the main issue in the proceedings was the provision and adequacy of alternative accommodation”.
In a judgment handed down on June 18, the High Court ordered the group's eviction but said they should be provided with alternative accommodation at Safe Space 1 in Culleborg, one of the City of Cape Town's evacuation centres.
“We welcome this judgment because no one in South Africa should have to live in a situation where their rights are not protected and their voice is not heard,” Seri's lead lawyer, Nkosinathi Sithole, said in a statement.
The order was issued under the Prevention of Illegal Evictions and Unlawful Occupation of Land Act.
“They are living in tents and buildings made from plastic sheeting and cardboard along busy roads. They are forced to live in public spaces with little or no privacy. They struggle to find food, shelter and warmth,” Acting Judge Michael Bishop said in his ruling.
Seri said the inclusion of inner-city residents in the lawsuit allowed them to discuss their concerns with the city, which resulted in important concessions, including alternative housing.
In a second concession, the city agreed to revise its shelter rules to make them more humane and constitutional.
This means partners will be allowed to live together rather than being segregated in single-sex accommodation, shelter residents will no longer be locked out of their accommodation during the day, and there will no longer be a six-month limit on the length of time they can live in a safe place if they don't have alternative accommodation.
“We look forward to seeing what our rehabilitation program can bring to our clients, including employment opportunities, health and social support for drug and alcohol abuse,” said Mr Seri.
Homeless groups have occupied areas of the city centre including the Buitengracht, FW de Klerk, Foregate Square, Helen Suzmanstraat, Strand Street, Foreshore/N1, Virginia Street and along Mill Street Bridge.
While praising the ruling, Seri noted that it ignores other homeless people in Cape Town who are being evicted without the procedural protections provided by the Constitution.
Seri Matete Masola said the evictions would take effect from July 31. Mail & Guardian.
Cape Town Mayor Jordyn Hill-Lewis also welcomed the ruling.
“Seeking an eviction order has always been a last resort. We have extended our care intervention [temporary accommodation known as safe spaces] “We knew some would accept it and some would not. This court order is good news because we knew that if our intervention was not accepted we would have to approach the court for help,” he said in a video statement posted on social media platform X.
According to a Western Cape government census, there are an estimated 14,000 homeless people in the greater Cape Town area.