Press Release For Immediate Release Date 24 July 2026
Ndifuna Ukwazi expresses profound concern at the Western Cape High Court judgment delivered on 21 July 2026 ordering the eviction of over 161 occupiers from Transnet-owned land in Woodstock and Salt River in circumstances where the City of Cape Town refused as a “principled” stance to provide emergency accommodation to people who would be rendered homeless by the eviction.
The City’s refusal to provide emergency accommodation, as articulated in affidavits deposed to by the Mayor of Cape Town, Geordin Hill Lewis, was based on a general view taken by the Mayor that because this area was allegedly a crime hot spot, the poor and homeless people living on this stretch of land must be responsible for all the crime that occurs there because it was “highly unlikely” that anyone else would have committed these crimes.
Disappointingly, the Court not only accepted this stereotypical, speculative and prejudicial stance from the City. The Court co-signed it and went further to allege that undocumented foreign nationals – who form part of the occupiers – are as a matter of law, not entitled to emergency accommodation.
The Emergency Housing Programme and settled jurisprudence is clear that undocumented foreign nationals are entitled to emergency accommodation where applicable, subject to conditions to be imposed by the Department of Home Affairs. Even Transnet – the applicant who was seeking this eviction – agreed with the occupiers that this is the legal position.
Inga Dyantyi, Attorney at Ndifuna Ukwazi Law Centre, said:
“Unfortunately, there is quite a bit that can be critiqued about this judgment, but the part that truly gives me pause is the notion that people who live in crime “hot spots” can be indiscriminately considered guilty of such crimes – by a court of law – by merely living there. This is especially difficult to accept when one considers the fact that the nature of spatial apartheid is such that most Black people in this country come from or currently live in crime-ridden townships and informal settlements. Does that mean that we can all – at whim – be considered criminals undeserving of basic constitutional protections? That simply cannot be”.
The Ndifuna Ukwazi Law Centre is currently exploring its options, which may include an appeal.
