Press Statement 9 May 2025
WC High Court eviction of Darling Street residents.
Yesterday, residents at 104-106 Darling Street, represented by Ndifuna Ukwazi Law Centre (NULC) returned to the Western Cape High Court regarding the ongoing matter in which the National Minister for Public Works and Infrastructure (DPWI) is seeking an urgent eviction order against them.
The matter was initially supposed to be heard on 9 April 2025. However, it did not proceed as the State Attorney for the Minister had not set the matter down, later citing that they needed time to respond to the residents answering affidavits. This shows that the Minister had failed to get the requisite pre-authorisation to serve the urgent eviction application; had failed to attach material reports and importantly, failed to make out a case for the extraordinary measure of an urgent eviction which would see residents immediately evicted into homelessness.
Almost a month later, DPWI has only now filed further papers and approached the Court to obtain an order to belatedly authorise the service of the notice of the urgent eviction application, which it now intends proceeding with on 19 June 2025.
NULC and some of its clients were at court prepared to bring to the Court’s attention the concerning conduct of DPWI, and how the residents of Darling Street are being prejudiced.
The parties were able to secure an order clarifying the next steps in the matter to ensure that the matter is fully ventilated on this new date.
Our clients have lived on this land for decades — in some cases, for generations. For the Department of Public Works and Infrastructure to pursue an urgent eviction without following proper legal process, and without any credible evidence of urgency, amounts to a serious abuse of the court process and a profound failure to respect our clients’ rights. What’s more, the Department is now attempting to retrospectively correct these procedural and substantive flaws — an approach that is both deeply concerning and unacceptable. We will make these arguments before the court at the hearing on 19 June to ensure that our clients’ rights are protected.
Caitlin Turok, Attorney, Ndifuna Ukwazi
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