SERI represents a community of approximately 60,000 people living in Marikana informal settlement in opposition of an application for eviction.

On 30 August 2017, the Western Cape High Court dismissed an application to evict the community. The Court found that the City had infringed the constitutional property rights of the owners of the Marikana land, and had also breached the housing rights of the Marikana residents by its unreasonable failure to do anything to secure the tenure of the Marikana residents. In its judgment, the Court directed the City to initiate the process provided for in terms of section 9(3) of the Housing Act, by entering into good faith negotiations to purchase the Marikana land, and expropriating the land in the event that purchase negotiations failed. The property owners, the City of Cape Town and the Provincial Minister launched a consolidated appeal against the High Court judgment.

On 8 April 2019, SERI, on behalf of the occupiers, filed heads of argument in the Supreme Court of Appeals (SCA), arguing that the High Court correctly identified the standard expected of the state in responding to land occupations of this nature which require the state to respond reasonably to an occupation and that the only legal basis on which the state parties to this case can take steps to acquire the properties on which the occupiers reside is to exercise the City’s powers under section 9(3) of the Housing Act. SERI further argued that the appeals brought by the City, the Provincial Minister for Human Settlements, and the property owners should be dismissed.

SERI is opposing the appeal to protect the community from a potential eviction, secure tenure and enable eventual upgrading.

 

  • Read the heads of argument (8 April 2019) here.
  • Read more about the case here