Press Statement 22 May 2023
On Friday morning, 19 May, Magistrate Reaz Khan granted an eviction against the Willow Arts Collective (WAC), a community living on the former site of the South African National Circus since 2016. The property is located in Observatory, a well located and sought-after area of Cape Town.
In 2019, the City of Cape Town applied for an eviction so the site could be reincorporated into Hartleyvale sporting precinct. This is despite there being an abundance of sporting facilities in the area and a lack of affordable housing opportunities. These plans further make little sense in light of the systemic failure of the state to redress spatial apartheid by using well-located public land for housing.
The WAC defended the eviction on the ground that the City has a constitutional obligation to use well-located land for housing, rather than displacing evictees out of the city. Initially, the City offered to move the WAC to areas further away from the City (in Philippi and Mfuleni), which have fewer opportunities for employment and self-sustainability. This offer was rejected by WAC stating threats of xenophobia. The City is notoriously known for creating relocation camps in places like Wolverivier, Blikkiesdorp and Kampies.
Supporting the WAC’s arguments, Magistrate Khan raised grave concerns about the suitability of two of the City’s emergency accommodation facilities at Kampies and Mfuleni. In an unprecedented judgement, Magistrate Khan has ordered that WAC be provided emergency accommodation at the Culemborg Safe Space 2, a City of Cape Town run shelter under the FW de Klerk Boulevard in the Foreshore, for a period of 18 months. The WAC have until 15 July 2023 to indicate whether they accept the offer, failing which they must vacate their home on 31 July 2023.
Support WAC, Karen Hendricks of Reclaim the City said,
The fact that the Culemborg Safe Spaces now serves as a precedent for future emergency accommodation and seems to be a housing alternative, is a great concern to the occupiers who felt that there are enough vacant sites around the inner city, that could be considered for alternative housing. The occupiers of WAC, Singabalapha and RTC occupations will be meeting in the very near future to discuss the WAC charges to speak about solidarity, support the way forward, and to speak about and unpack the constitutional right to adequate housing as per section 26 of the Constitution. In particular, what it says about the right to safety and dignity because to us, where people live matters.
According to Dr Jonty Cogger, attorney for the WAC,
While the offer of alternative accommodation is in a well-located area, the conditions at this transient shelter space are however less than ideal. Couples and families are separated. There is a day-time lockout rule whereby everyone must leave at 7am and return at 6pm. There is no personal privacy or space. This is especially concerning in light of a 2017 Constitutional Court judgement in the matter of Dladla v City of Johannesburg that held that the these types of rules infringed the constitutional rights to dignity, bodily integrity, and privacy, enshrined in sections 10, 12 and 14 of the Constitution.
According to Shayne Taliona, one of the evictees:
It is far from clear how this transient shelter will assist us in avoiding inevitable homelessness after 18 months, especially in a city that is notoriously unequal and lacks affordable housing opportunities close to jobs.
The WAC community, supported by Reclaim the City and Singabalapha will have a closed meeting on Tuesday 23 May to decide the way forward.
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