File picture: Phando Jikelo/African News Agency (ANA) File picture: Phando Jikelo/African News Agency (ANA)
Cape Town – More than half of Empolweni residents near Makhaza in Khayelitsha still have no joy despite a major Western Cape High Court victory ordering the City to return their building material.
The City had been hauled before the court after it demolished 49 shacks at the height of the Covid-9 level 5 restriction.
Legal Resources Centre attorneys who represented the residents said only 23 structures were rebuilt because the returned material was damaged and was not sufficient.
“In terms of the court order, only 49 structures could be rebuilt on the site and the tents (donated by Gift of the Givers) you have seen are probably occupied by those in excess of the 49 structures.
“It is our instruction that the material the City ‘returned’ on April 20 was not our clients’, and some of it was damaged.
“We informed the City of this, and the City advised that they have retrieved better and unclaimed building material from the Ndabane warehouse, which would be sufficient for 49 structures to be built,” said the LRC.
However, on April 23, residents told their attorneys the material they had received was insufficient and damaged.
“Ms Motileni and Ms Turpin (LRC attorneys) proceeded to do an ‘inspection in loco’ and advised the clients to sort the material into what could be used to rebuild and what was damaged. Following this assessment and division of materials the City returned, it was discovered that only 23 structures could be rebuilt.
“Ms Motileni and Ms Turpin further advised that if clients are in a position to source their own building material, they should proceed to do so and keep their proof of payment.
“The City was informed of this in writing on the same date (April 23). To date, we have not received any response from the City,” said the organisation.
Human settlements mayco member Malusi Booi said the City had returned what was confiscated.
“The occupiers, however, wanted new material. The City was not ordered by the court to provide new material. In