‘Take your damages claims and shove them where the sun don’t shine, Cape Town’

The controversial antiracism march on Brackenfell High School last year has come back the haunt the EFF.

The City of Cape Town wants the party to fork out more than R87,000 for damage to public infrastructure during the protest. This week, mayor Dan Plato said the city had launched a civil claim against the EFF. The party descended on the school en masse on November 20 amid an uproar about a matric farewell party that was attended only by white pupils.

Plato said the city’s lawyers had issued a letter of demand to the party, saying the damage caused violated “agreed gathering conditions with the South African Police Services and Western Cape High Court”.

“EFF members damaged traffic lights at several intersections, set fire to a vacant field and damaged public vehicles, including a fire engine,” the mayor said.

“A total amount of R87,312.25 is being sought from the EFF to cover the costs of infrastructure repair and firefighting equipment. The EFF has 21 days to make payment into the city’s bank account or face a summons, which will also include a claim for legal costs to recover the funds, plus interest.”

Plato said the city also issued a summons to activist organisation Gatvol Capetonian for more than R1.3m in damages related to a shutdown of major Cape Town routes in August 2019.

“The city’s civil claim states that it was ‘reckless, wrongful and unlawful’ of this organisation to incite a ‘shut down’, while violating their Gatherings Act obligations to give notice, appoint conveners and marshals, and refrain from violence,” he said.

It is disappointing when political organisations cause harm to community infrastructure and damage critical assets that are installed to uplift communities.

—  Cape Town mayor Dan Plato

Plato said public infrastructure in Grassy Park, Atlantis, Mitchells Plain, Kensington, Delft and Bo-Kaap was damaged during the shutdown. He said the city’s lawsuit was bolstered by a “landmark precedent” set by the Constitutional Court in 2012. The court compelled the South African Transport and Allied Workers Union (Satawu) to pay the city R1.5m for damages it incurred during a protest.

“It is disappointing when political organisations cause harm to community infrastructure and damage critical assets that are installed to uplift communities,” said Plato.

“The city is committed to providing resources to all communities, but this becomes difficult when there are individuals working against social cohesion, as seen through their acts of destruction, as with the EFF and Gatvol Capetonian. The communities of Grassy Park, Atlantis, Mitchells Plain and elsewhere deserve better. The city respects the rule of law and the right of citizens to assemble, provided this is done peacefully and with respect [for] the rights of others.”

But the EFF and Gatvol Capetonian are not taking the fight lying down. The former’s provincial chairperson Melikhaya Xego confirmed receipt of the city’s letter of demand.

However, he said, “We blame the police who shot our members with rubber bullets and stun grenades,” adding that he would see the city in court.

“The City of Cape Town did not want the march to happen in the first place and now that it exposed racism in Brackenfell, they are trying to blame us for the violence and damages emitted by the police. The police knew that their rubber bullets and stun grenades would not only hurt the protesters, but damage properties around, and yet they went ahead. The city’s law enforcement was part of those that attacked protesters. We opened a case against them for their brutality towards our people.”  

Gatvol Capetonian leader Fadiel Adams accused the city of electioneering. He said Cape Town was worried about losing upcoming by-elections in Delft, where his organisation supported the Cape Coloured Congress.

“This is blatant and shameless electioneering, this is the very same thing the DA always accuses the ANC of doing,” said Adams.

“This is hypocritical, it is wrong. I am pretty sure it is illegal, just nine days before by-elections in ward 20, which the DA can see we have a very strong hold [on, so] they decide to take a two-year-old complaint out of the archives.”

Adams said criminal charges laid against his organisation did not stick.

“They tried to lay criminal charges against us, but police found no basis (to continue with the criminal charges) because there is no evidence,” said Adams.

“This is a blatant abuse of the taxpayers’ money. No Gatvol Capetonian member was ever arrested or charged or convicted. If you look at the charge sheet, it speaks of areas that we have never protested in. It’s nothing but a smear campaign. I promise you, this will not go to court. There will be political consequences for this. We will be defending the action vigorously.”