Activists celebrate as Growthpoint denied application to evict occupiers of Cape Town property

28 June 2019 - 15:39 By Sipokazi Fokazi
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Members of Reclaim the City sing outside the Western Cape High Court after the court ruled in their favour.
Victorious Members of Reclaim the City sing outside the Western Cape High Court after the court ruled in their favour.
Image: Sipokazi Fokazi

Social justice activists broke out in song and dance outside the Western Cape High Court on Friday morning as they celebrated what they called a "victory of David over Goliath".

This was after the court dismissed an application to grant property giant Growthpoint a final court interdict to stop members of Reclaim the City from occupying its new Foreshore property, currently known as Site B. The developer controversially bought the property from the city of Cape Town at a huge discount.

Judge Judith Cloete found that when it applied for an interim interdict to stop members of Reclaim the City, Growthpoint had not acted in good faith as it didn’t disclose all the material facts when it brought the ex parte application.

The application followed a protest on December 4 2018, when a group of around 30 protesters from Reclaim the City, Unite Behind and the Social Justice Coalition occupied a parking lot at the bottom of Loop Street in Cape Town, building 11 shacks in protest against the city’s housing policy – which they claimed prevented the poor from living in the city.

The land is owned by Growthpoint Properties and was obtained from the city in 2016 at what Reclaim the City claims was a low price. The site, which was sold for R86.5m, is subject to a city forensic investigation following complaints that the auction of the 3,932 square metre plot was botched.

On the day of the protest, after an urgent application from Growthpoint Properties, Western Cape High Court judge Kate Savage granted an interim interdict against the protesters. The application was granted ex parte – meaning not all the parties to the matter were heard. 

In the legal spat, the activists maintained that they occupied the land purely in protest against the deal, and that this right was enshrined in the constitution.

Cloete, who dismissed the application with costs, noted that Growthpoint "breached its duty of utmost good faith" when it didn’t disclose to the court that prior protests had occurred in a "peaceful  and orderly fashion".

She said the property giant had misled judge Savage concerning the actual purpose of the occupation of the property – which was an exercise of the right to protest. She said the court might have refused the ex parte order or granted an order on different terms, had Growthpoint not withheld facts.

Defence lawyer Disha Govendor from Ndifuna Ukwazi Legal Centre described the latest judgment as a "sanction on the conduct of Growthpoint".

"It’s upholding an important legal principle in ex parte applications. It’s confirming the need for applicants to really act in the utmost good faith and protects the court process from being abused," Govender said.

Faghmeeda Ling says people's power was the winner.
Faghmeeda Ling says people's power was the winner.
Image: Sipokazi Fokazi

Faghmeeda Ling, one of the leaders of Reclaim the City, said the judgment was a "sure victory for the people".

"People’s power came head to head with property powers and we claimed victory. We are dealing with property moguls who are used to getting what they want by simple throwing money around, but people had victory at the end," she said.

Commenting on the  court outcome, Nkosikhona Swaartbooi, head of political organising at Ndifuna Ukwazi, said it was a wonderful day for people struggling to get land.

"We are witnessing the defeat of a Goliath by David. The biggest issue for us is why the government in the middle of a housing crisis is continuously disposing of public land to private property developers at hugely discounted rates. Where is justice in that?"

"We protested outside Growthpoint’s HQ. We protested outside deputy mayor Ian Neilson’s home. We protested outside the offices of those officials involved. But nobody would give honest answers."


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