Expert: Nomzamo's eviction order erroneous

A constitutional law expert says there are glaring errors with the court interdict obtained by Sanral.

Children in Nomzamo are being given food as police continued their operation to evicted hundreds of families in the area on 4 June 2014. Picture: Carmel Loggenberg/EWN.

CAPE TOWN - Constitutional law expert Pierre de Vos says there are glaring errors with the court interdict obtained by Sanral for the Nomzamo evictions.

The University of the Western Cape law professor believes the High Court interdict should not have been granted.

"It's against the Constitution which says you have to get a court order that takes into account all living circumstances before you actually order an eviction."

De Vos says while the interdict allows for the eviction of Nomzamo residents, it may not have been correctly granted.

He says it has not yet been determined if the matter should be appealed or even if it will stand up in court against the Constitution.


Many children affected by the evictions in Nomzamo, apparently have not attended school since Monday.

Fifteen-year-old Xolelwa Pupu arrived home from school on Monday afternoon to find her shack had been torn down and her family's belongings dumped in the street.

She says some children's school uniforms and stationary were destroyed during the evictions.

Pupu says they are in desperate need of help from authorities.

"I didn't go to school today because I didn't have clothes to wear. Some of us don't have books, our books are wet. I don't have clothes, I only have this uniform."

Nomzamo residents were forcibly evicted from the Strand informal settlement on Monday last week by the South African National Roads Agency Limited (Sanral), who obtained a court interdict to have them removed.

The land the residents were living on is privately owned and they were squatting illegally.

Sanral has revealed that it has plans to use the land to build roads.

Watch: Cape evictions leave hundreds homeless

Meanwhile, the People Against Suffering, Oppression and Poverty (Passop) says finger pointing between the City of Cape Town and Sanral must stop.

The roads agency believes it's being unfairly blamed for forcibly removing Nomzamo residents while the city distances itself from the drama.

Ntistseng Tetsoane hobbles across the floor of the Nomzamo Community Hall with her three-month-old baby on her back.

She was wounded when a rubber bullet grazed her leg during Tuesday's eviction process.

Tetsoane says she felt the bullet, dropped her baby and immediately thought she had killed her.

"I don't feel right because I have no clothes, I don't have Pampers and I have no furniture. It's cold, we don't have a heater."

She's lost all her belongings and that of her baby and prays the evicted families will soon be back in their own homes.

The human rights group adds that the focus should be on helping Nomzamo informal settlers who have been left in the lurch.

Passop's Braam Hanekom says families in the area are suffering.

"The politicians have now gotten involved. They are bidding against each other to see who now can help more and look less responsible for the displacement of these people. We hope that the bidding on the ground will lead to these people getting better services."

Watch: What happened to Nomzamo's homeless?

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