- The battle regarding the evicted residents of Bromwell Street is heading to the Supreme Court of Appeal.
- The Western Cape High Court granted the City of Cape Town leave to appeal a judgment.
- A court ruling in September found the City's approach to be unconstitutional.
The drawn-out battle with regard to the evicted residents of Cape Town's Bromwell Street will be heading to the Supreme Court of Appeal.
On Tuesday, the Western Cape High Court granted the City of Cape Town leave to appeal a judgment, which declared its approach to emergency housing as unconstitutional.
The City is now able to challenge Judge Mark Sher's finding of unconstitutionality.
The municipality told News24 it welcomed the leave to appeal, because it believes Sher erred in several aspects of his judgment.
The City maintains it is already developing emergency housing within existing settlements, with a number of emergency projects either already under construction, or in the planning phase.
Evicted
The homes of the residents of Bromwell Street were bought by private developers, under the umbrella of the Woodstock Hub, in 2013. It formed part of a project to upgrade the area.
Local residents regard it as a form of gentrification, which makes accommodation for the poor and working class unaffordable.
The residents have resisted eviction since 2014 because they cannot afford other options in Woodstock or Salt River, where they already have established community roots.
They also refused the City's alternate accommodation.
The City said it was not able to provide emergency accommodation in the CBD and immediate surrounds because of the increased costs associated with the CBD and competing priorities.
Disha Govender, head of the Ndifuna Ukwazi Law Centre, which is representing the evicted residents, said the Bromwell Street residents align themselves with Sher's judgment.
"It is disappointing to see the City once again delaying delivery in seeking leave to appeal judgments, like the Bromwell judgment, which really seeks to ensure that the City's policies and conduct comply with its constitutional and statutory obligations to realise the rights of its citizens," she said.