Some of the people who have been living on Transnet-owned land in Cape Town opposed their removal from the site in the High Court. Archive photo: Sandiso Phaliso
The Passenger Rail Agency of South (PRASA) has filed an application for leave to appeal a court order by Western Cape Judge Tandazwa Ndita, which ordered the rail agency to return the belongings of 38 people living on Transnet-owned land on Cape Town's Foreshore. The group has been opposing this move in court, assisted by housing organisation Ndifuna Ukwazi. PRASA has been given 24 hours to return the group's belongings or build temporary habitable dwellings that afford shelter, privacy, and amenities at least equivalent to those that were destroyed.
PRASA argues that the removal of the people from the site was part of a joint initiative, "Operation Reclaim Our Rail", with security services such as the SA Police Service (SAPS), Sechaba Protection Services, and Fidelity Security. In court papers, PRASA wants the appeal to be heard by a full bench or be referred to the Supreme Court of Appeal. PRASA also argues that the City of Cape Town should be included in the court proceedings as it has the responsibility to provide alternative accommodation to unlawful occupiers.
The Ndifuna Ukwazi Law Centre, representing the 38 people, said that the urgency of its application was being undermined by PRASA. They argue that PRASA's national role is unacceptable for avoiding accountability for their mistreatment of people experiencing homelessness and that it is crucial to balance property rights with the rights of the less powerful, who are simply fighting for a place to call home.
