The Passenger Rail Agency of South Africa’s (Prasa) intends to appeal a court order directing it to return building materials and personal property of people occupying an erf in on Old Marine Drive.
The Western Cape High Court recently granted Ndifuna Ukwazi (NU) a temporary interdict on August 29, and ordered Prasa to return and restore the applicants’ materials and personal property that they were dispossessed of on August 19 and 22.
NU had approached the court on behalf of people living on an erf on Old Marine Drive for 20 years, to intervene after Prasa Protection Services and other security officers demolished their homes and confiscated building materials and personal belongings.
The court had on Friday ordered Prasa to reconstruct the applicants’ temporary dwelling structures within 24 hours of the granting of the order; however, when NU inspected the site on Monday it saw that the rail agency had not complied.
“Only after the 24 hours to comply with the order had expired did Prasa notify the high court of its intention to appeal the ruling. However, no formal application for the appeal has been filed as yet. Ndifuna Ukwazi Law Centre will continue to fight until our clients’ homes and possessions are returned, restored or replaced and Prasa is held accountable for its conduct,” NU said in a statement.
Attorney at Ndifuna Ukwazi Law Centre, Dr Jonty Cogger added: “This is a simple case. Prasa took the law into its own hands, demolishing the homes of poor and vulnerable people. Prasa's refusal to accept and comply with the order, to take accountability and rectify its wrongs, adds insult to injury."
On why it did not comply with the court order, Prasa would only say: “The Passenger Rail Agency of South Africa notes the ruling handed down by the Western Cape High Court on the foreshore occupiers. Prasa’s legal department has studied the judgment and, in consultation with legal counsel, has taken the decision to take the matter on appeal.”
Cape Times