After an alleged violent and illegal eviction of land occupiers – during which an elderly man was allegedly stabbed – housing and civil rights organisation Ndifuna Ukwazi (NU) has turned to the courts for an interdict against the Passenger Rail Agency of SA (Prasa).
The 64-year-old man, Ali Habsy, has also since lodged a case with police, alleging that a Prasa security officer stabbed him during the eviction on Thursday.
NU said their application for an urgent interdict at the Western Cape High Court was brought on due to occupiers being exposed to the elements over a weekend of heavy rain after their structures were destroyed.
“(We have) urgently sought a high court interdict against Prasa following the illegal eviction on 19 and 22 August of occupiers who had been living in informal structures and tents on Transnet-owned land for over 20 years. Prasa Protection Services and other security officers demolished homes, confiscated building materials and confiscated occupiers’ personal belongings. The illegal eviction and the demolition of people’s homes left the vulnerable occupiers without shelter and safety, exposed to the elements over a weekend of heavy rain,” NU said.
Prasa did not respond to enquiries by deadline.
Habsy said he was stabbed by a security officer during the eviction actions on Thursday.
“On Monday, we were woken at around 6am. The security officers were breaking up structures and told us to move. They had taken our personal belongings without reason. The next day we rebuilt our structures, but on Thursday, when they arrived again at about 11am, I asked the officers why they were searching us and I was told they were looking for drugs. I said to them that it is the work of the police. About six officers were around me. One of them pulled a knife and stabbed me. I was lucky when one of my brothers pulled me away to safety.
“I went to the police to report the case days after the incident as I had first gone to hospital for medical attention. My body still hurts,” said Habsy.
In his founding affidavit as an applicant to the court, Habsy stated that occupiers were not shown any court papers for the eviction.
“At no point were any of the occupiers given a copy of a court order or any proof of any lawful authority in terms of which the security officers were conducting demolitions and confiscations. During this process we were subjected to harassment and intimidation at the hands of the security officers. They threatened violence if we did not adhere to their instructions or asked questions (and) also made xenophobic and racist remarks, calling us foreigners and other names,” the affidavit read.
Police spokesperson Malcolm Pojie said no arrests had been made yet in connection with the incident at Old Marine Drive.
“We can confirm that an assault GBH which happened on 22 August 2024 was reported on 26 August only.
Allegations reveal that the complainant enquired about a court order for the eviction when the security allegedly stabbed the 64-year-old male with a knife. The complainant sustained a stab wound,” said Pojie.
Cape Times