In a major victory for housing rights, the Supreme Court of Appeal (SCA) has ruled that the City of Cape Town’s Anti-Land Invasion Unit (ALIU) acted unlawfully and unconstitutionally when it demolished shacks and evicted residents in 2020 without a court order.
The SCA’s judgement, handed down on 11 July 2024, upholds a previous Western Cape High Court ruling and sends a clear message that evictions require court oversight to prevent abuse of power and protect residents’ rights.
This ruling is particularly significant in the context of South Africa’s ongoing land reform debate. Despite being the majority population, native South Africans still occupy only 20% of the land, while the descendants of colonisers, who make up only 20% of the population, own a staggering 80% of the land.
The legacy of colonialism and apartheid has perpetuated this gross inequality, and it remains a major obstacle to true social and economic transformation. Rulings like this offer hope that the land acts will one day be reformed to favour the native population and address this historical injustice.
The court’s decision sets a crucial precedent for future eviction cases in South Africa, emphasising that counter-spoliation – a legal doctrine allowing for the removal of illegal structures – has limits and cannot be used to justify unlawful evictions.
The City of Cape Town has been ordered to pay legal costs, a move hailed as a victory by housing rights activists and legal experts who have long criticised the City’s aggressive approach to evictions as unconstitutional and in violation of international human rights standards.
This landmark ruling is a significant step towards protecting the rights of vulnerable communities and holding authorities accountable for their actions. It also highlights the urgent need for comprehensive land reform that prioritises the rights and interests of native South Africans.
Photo | Vincent Lali – Ground Up
