BULELANI Qolani, a backyarder who was stripped naked by law enforcement during evictions, has won a court case against the City of Cape Town.
After Qolani was stripped naked, the Human Rights Commission, supported by Economic Freedom Fighters applied to the court barring the City of Cape Town from evicting shack dwellers.
The case was heard by judges Rosheni Allie and Shehnaz Meer today in the afternoon.
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The judges ordered the City of Cape Town to stop demolishing shacks during the state of national disaster, occupied or unoccupied without a court order.
The court said the must uphold the “dignity of evicted persons” during the eviction process. The court further ordered the City to stop using excessive force when dealing with land occupiers. In its ruling, the court also ordered the City to stop adjudicating and awarding tenders related to demolitions.
The court also ordered the City to pay the costs for the legal proceedings.
Cape Town Mayor Dan Plato described the judgement as a “dangerous precedent” that will make it difficult for landowners to protect their land.
“It sets a dangerous precedent for all landowners. If left unchallenged, the interdict would make it almost impossible for landowners to protect their property from unlawful occupation and to prevent people from establishing homes, albeit unlawfully, on the property of others. The knock-on effect of the large-scale orchestrated land invasions we have seen is simply devastating for Cape Town, its communities, residents in general and the City,” he said.
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Human Rights Commission and EFF brought the matter before the court after Qolani was dragged out of his shack in Thembeni in Khayelitsha two months ago.
He alleged that he was bathing at the time the law enforcement demolished his shack.
He said he begged them to allow him to dress up but he was not given a chance to.
The matter caused a huge outcry on social media and political circles after the video of the naked Qolani went viral.
