On 29-30 May and 3 June 2013, Stuart Wilson of SERI, together with Paul Kennedy SC, appeared in the Western Cape High Court to defend 6 000 occupiers of the isiQalo informal settlement in Cape Town. The occupiers are represented by the Legal Resources Centre (LRC). The owners of the land are bringing an application for the eviction of isiQalo; however say they are willing to sell or lease their land to the City of Cape Town, or to be expropriated by it. The City says it will do nothing in the foreseeable future and that the residents are "land invaders" who should not be rewarded for 'invading' the land.

On 3 June, an order was agreed by all the parties. It states that the residents of isiQalo will remain in occupation of their homes pending a further order by the court. The following parties are now joined to the proceeedings: the Minister of Human Settlements; Minister of Public Works; Minister of Rural Development and Land Reform; Western Cape MEC for Human Settlements; and Western Cape MEC for Public Works. Together with the City, they must provide reports to the court by no later than 2 September 2013. These reports must detail what vacant, unused national, provincial and City land exists in the City of Cape Town's jurisdiction, and whether or not it is suitable and available for emergency housing for the residents (if not, reasons for this must be provided). The owners and residents may also provide information on any vacant land in the City's jurisdiction which they think is suitable and available for emergency housing.

  • Read the order agreed by the parties (3 June 2013) here.
  • Read more on the case here.