Bulelani Qholani opened a case against the City of Cape Town after a video of him being dragged naked out of his shack went viral. Picture: ESA ALEXANDER
Moreover, those without the means to go to court will have no remedy at all. This will affect not only the 9.8-million people who own formal houses, but also the millions more with informal title to customary plots.the common-law remedy of “counter-spoliation”. This allows a person to take back their property while the process of dispossession is still under way. In practice, says the city, this means evictions must take place within 48 hours and before new shacks are occupied.
It said the lockdown ban on evictions did not relieve it of its duty to prevent illegal land invasions via swift counter-spoliations. It noted a recent and orchestrated upsurge in land invasions in the city, with more than 100 recorded since the start of July. These were often large , well organised and accompanied by increasing violence.
Source: Law Daily Report (lawdailyreport.net)
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