City of Cape Town v The South African Human Rights Commission and Others

During the Covid-19 national state of disaster and hard lockdown, officials of the City of Cape Town’s Anti-Land Invasion Unit (ALIU) demolished structures and evicted persons from informal settlements without court orders. A widely circulated video showed Mr Bulelani Qolani being forcibly removed while naked. The South African Human Rights Commission, together with Mr Qolani and the Housing Assembly, brought an urgent application in the Western Cape High Court seeking interim relief to prevent evictions and demolitions without court orders pending final constitutional relief (Part B). The Economic Freedom Fighters and occupiers of Erf 544, Mfuleni intervened and sought additional relief, including the return of confiscated building materials and personal possessions, or alternatively compensation of R2000 per occupant. The High Court granted interim interdictory relief and ordered the return of materials and payment of compensation. The City appealed to the Supreme Court of Appeal against these interim orders.

The appeal against paragraphs 1–4 of the High Court’s interim order was dismissed with costs. The appeal against paragraph 5 succeeded. The order directing the City to return building materials and to pay R2000 compensation was set aside and replaced with an order dismissing the claim for return of materials or compensation.

The case clarifies the appealability of interim orders in South African law, reaffirming that interim interdicts are generally not appealable unless grave injustice would result. It underscores that constitutional damages and other final relief cannot be granted in interim proceedings, particularly where facts are disputed and final constitutional findings are pending. The judgment reinforces judicial oversight of evictions during states of disaster while maintaining procedural discipline in civil litigation.