Cape Town - Illegal invaders occupying school land in Heideveld are for now protected from eviction after the High Court granted them a stay but also prevented additional people from squatting on the land.
More than 100 Heideveld backyarders on the housing list invaded vacant land behind Cathkin High School, after waiting decades for their homes.
Two months ago, out of frustration, they erected shacks on the land.
Earlier this week lawyers for the Western Cape Education Department (WCED) sought a finalisation of an interim order after the invasion.
According to Judge Siraj Desai, the interim order would only apply to new invaders - current occupiers on the land are protected.
Current invaders can only be evicted once the WCED goes through a Prevention of Illegal Eviction (PIE) application process, where the landowner would obtain a service directive from the court to authorise the eviction application.
Through negotiations between WCED lawyers and Heideveld invader’s lawyer advocate Thulasizwe Twalo, a list with the names of all the current squatters was submitted to the court.
“PIE Section 4 forces the WCED to send a letter to the people calling for them to vacate the land on their own accord. If the people don’t leave the land, the lawyers will issue a PIE eviction application and declare them as an unlawful occupier.
“The people will probably oppose the eviction. Our people are without places to stay and it’s the responsibility of the government to provide space,” said Twalo.
Outside court scores of Heideveld land invaders held a protest opposing the interim interdict. They carried placards calling for an end to corruption in the provincial and city housing system.
Vanessa Adriaanse, a community leader, said what was unique about their invasion was that the group consisted only of people on the housing database.
WCED spokesperson Bronagh Hammond said the purpose of yesterday’s interdict was to prevent any further occupation.
“The land is registered in the name of the Western Cape government,” she said.
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