Press release: 10 April 2025
For immediate release
The eviction application brought by the National Minister of Public Works and Infrastructure against the Darling Street residents was meant to be heard on Wednesday, 09 April at the Western Cape High Court on an urgent basis. Darling Street residents, represented by Ndifuna Ukwazi Law Centre, arrived at Court in the morning only to find that the State Attorney (the National Minister’s legal representatives) was not present and had not set the matter down, therefore, no hearing could take place.
The State Attorney’s office did not communicate whatsoever that the matter was not set down for hearing and failed to respond to the numerous calls and emails from Ndifuna Ukwazi Law Centre for the past week. This is alarming and unreasonable. Many already vulnerable residents took off work or lost a day’s pay in order to be at court.
The National Minister brought this application for extraordinary relief on an urgent basis and the failure to have the matter properly enrolled and the severe lack of communication raises serious concerns regarding the alleged urgency and concern for the lives of the Darling Street residents.
The answering affidavit filed on behalf of the Darling Street residents on 27 March 2025, 14 days ago, points out that the National Minister’s application is materially and fatally defective and calls for the application to be dismissed with a punitive costs order. Not only were the reports that allegedly evidence the inhabitability of the building not attached and not provided despite requests from the Ndifuna Ukwazi Law Centre, but the due process required when bringing this kind of application was also not followed.
Since being served with the application, the Darling Street residents have been under immense stress and a state of uncertainty. Many of the residents who attended court were relieved that no eviction order was granted against them but were disappointed by the lack of regard shown to them:.
“To launch a fatally defective eviction application on an urgent basis with no concrete evidence and then to not even show up to the very urgent date they requested from the court, shows a complete disregard for the Darling Street residents’ rights and an abuse of the court process.”
Caitlin Turok, Attorney at Ndifuna Ukwazi
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Read more:
- DARLING STREET RESIDENTS FIGHT UNFAIR EVICTION FROM MINISTER OF PUBLIC WORKS
- Push for change to eviction laws as SA informal settlements soar to 4,075
- President tells ministers to set up task team on use of public land for housing
- Ndifuna Ukwazi notes the signing of the Expropriation Act into law
