The High Court made an eviction ruling against people occupying Transnet land near the N1 and Woodstock.
The legal battle over the eviction of 161 people from Transnet-owned land in Woodstock and Salt River is set to continue, with social housing advocates, Ndifuna Ukwazi, seeking leave to appeal a Western Cape High Court judgment ordering the occupiers to vacate by September 30.
The organisation told the Cape Argus last month that it was considering an appeal following Judge Derek Wille’s July 21 ruling.
It has now formally applied for leave to appeal the entire judgment, preferably to the Supreme Court of Appeal or, alternatively, to a full court of the Western Cape High Court. A key issue raised in the appeal is what happens to people who could be left homeless once the eviction order is carried out.
Ndifuna Ukwazi argues that the court did not sufficiently consider the consequences of an eviction without emergency accommodation, particularly for vulnerable occupiers including children, elderly people and people with disabilities. It also challenges the finding that there was no detailed evidence about the occupiers’ personal circumstances.
