Court battle over Tafelsig land partially earmarked by the City for a cemetery
Cape Town - More than 60 families in Reality Village in Tafelsig, Mitchells Plain, who live on property partially earmarked by the City of Cape Town for a cemetery, do not want to move and want basic services and adequate housing.
But according to the City’s Luthando Tyhalibongo, the City was running out of burial space.
“There are 40 cemeteries and the majority of the City cemeteries are technically without vacant burial space. However, many ‘private’ graves have the opportunity to be used for a second interment, on top of the previous burial,” he said.
In response to the Weekend Argus, the City of Cape Town has made it clear that it is not its intention to evict the 64 families occupying the grounds.
“The court has granted the City an interim interdict to prevent further unlawful occupation of the erf which is earmarked for a cemetery in Mitchells Plain. It must be noted the application is not to evict persons currently unlawfully occupying a portion of the erf.”
However, the order restricts the current occupants from rebuilding any structures or allowing any new persons to move onto the erf.
The case is at the Cape Town High Court and will be heard on May 30.
According to court papers, the occupants, who are opposing the order, and are being supported by Ashraf Cassiem of the Anti-Eviction Campaign and the Mitchells Plain Aboriginal Khoisan Council, have until then to respond to the interim interdict and give reasons why it should not be made final.
The community, which includes children between the ages of six and 17, has no access to basic services such as running water, ablution facilities and electricity.
They rely on the portable toilet system and transport buckets of water using prams or wooden-made devices.
They have to pay for the water per litre brought from neighbouring residents.
Electricity is provided by linking car batteries to an inverter, and they also use candles and gas stoves. The community claimss to be crime and gang free, operating with a reliable committee which sees to transport for school children and provides security.
Cassiem told Weekend Argus the occupants had not been not informed of any of the City’s plans and had not been provided with any basic services.
“As we understand, approval was given in 2017 already for these plans but then it was Covid-19,” said Cassiem.
“They are stating that they do not want to evict the people but our question is what will happen to these people? Are they going to build them homes? What is the exact area they are allocating for the cemetery?
“What about the sports field located on the site? That sports ground services many communities. What about the basic services for these people? These are human beings living here, families,” Cassiem said.
“This interdict aims to give law enforcement and police the right to act on the instruction of the City without the correct court oversight. That means the City could evict someone under false pretences, using this interdict. It will effectively banish anyone from these erfs in Mitchells Plain. We will oppose this.”
Occupants, David Carolissen, 55, and Waseela May, 46, who are disabled and have two children aged six and 10-years-old said they have made the grounds their home after becoming unemployed during Covid-19.
“We understand that there is a need for burial grounds but we are a family who has made this our home and we do require basic services as it is tough for us and our children, we are not asking for services but for electricity and water and toilet facilities.”
Mike van Rooy and Marshall Petersen of the Mitchell’s Plain Aboriginal Khoisan Council said basic Constitutional rights were being taken for granted.
“The manner in which they did this order, they did not serve any people with it, they served it on people who live on the other side,” he said.
“The City believes they are above the law and they think we will stay quiet and not defend our rights, they tried to obtain a judgement and make these people powerless, now they have an engagement going forward.”
Tyhalibongo further explained the demand for burial space is still approximately one thousand per month in Cape Town, excluding those who are buried in private cemeteries.
He added the current site in Swartklip Cemetery had at least 11 hectares and that one hectare provided between 1 700 and 2 400 graves and each grave should potentially be able to accommodate two coffins.