[PRESS ALERT] Bapsfontein Community a step closer to getting justice
Yesterday, the 26th of July 2016 marked an important victory for the occupiers of the then informal settlement in Bapsfonteins and end a saga of 5 years in the Constitutional Court after the court found in their favour and referred the matter to the High Court. In 2011 the Bapsfontein Informal Settlement applied directly to the Constitutional Court for relief after the High Court dismissed their application to be restored the possessions they had. Ekhurhuleni unlawfully evicted them under the guise that the occupiers’ lives are in danger because of the dolomite in the area.
The City of Ekurhuleni unsuccessfully argued that this was not an eviction but a relocation because of an impact study that showed that the area where the informal settlement was situated was dangerous because it had sink holes. In 2011 the Constitutional Court found that the evictions were unlawful and ordered that the “municipality must identify land in the immediate vicinity of Bapsfontein for the relocation of the application and engage meaningfully with them on the identification of the land”. In 2014 the Constitutional Court required the municipality to explain why they must not be found in contempt after they again did comply for the court order. Although the Constitutional Court did not found Ekurhuleni in contempt the court did emphasize the fact that there are a strong obligation on local government to ensure that they meet their constitutional obligations.
It’s been five years and the City of Ekurhuleni is yet to fulfill the Constitutional Court order, the City continues to argue that it is not possible to return the occupants to the land that they were evicted from and there is no suitable alternative land within a 5km radius, and even if there is land that the costs of the bulk services will not be justifiable. LHR , supported by experts, maintained that it is possible for the occupiers to return to the area they were evicted from.
The occupiers filed another application to the Constitutional Court to request the court to refer the matter back to the High Court to decide on the issues in dispute. The court has now found that it will be in the interest of justice and granted the order.
Louise Du Plessis, one of our attorneys, says that this case showcases one of the growing trends by government officials and other stakeholders that simply ignore court orders. “It is also worrying that the City of Ekurhuleni has ignored a court order from the highest court in the land based on factual disputes they created. ”
LHR hopes that this matter will be speedily resolved by the High court and that the community of Bapsfontein receive their long awaited justice
For more info, contact Louise Du Plessis on 082 346 0744 or Carol Mohlala 061 906 0353