A group of residents occupying the former site of the South African National Circus in Observatory says they have yet to decide on whether to accept a court ruling for temporary accommodation at a City-run Safe Space.
About 28 residents from the Willow Arts Collective (Wac) have been living at the site, which is owned by the City, since 2018.
On Friday 19 May, Magistrate Reaz Khan granted an eviction against the group and ordered that they be provided emergency accommodation at the Culemborg Safe Space 2, under the FW de Klerk Boulevard on the Foreshore, for 18 months.
The Wac has until Saturday 15 July to decide whether they accept the offer. If they do not, they must vacate the site on Monday 31 July.
In 2019, the City of Cape Town applied for eviction so the site could be reincorporated into Hartleyvale sporting precinct.
During a legal battle, the City offered alternative accommodation at sites in Philippi and Mfuleni. This was rejected by the group after they stated threats of xenophobic attacks.
The Wac claims the City is known for creating relocation camps in places like Wolverivier, Blikkiesdorp and Kampies on the periphery of the city.
Supporting the Wac’s arguments, Magistrate Khan raised concerns about the suitability of two of the City’s emergency accommodation facilities at Kampies and Mfuleni.
Bongani Mhlangu has been living on the premises since 2018.
He says he rejected the City’s previous alternative accommodation options because he was a victim of a xenophobic attack a few years ago.
“Unfortunately, I was the victim of a severe xenophobic attack, so when the City made an offer that involved me living around a couple of thousand other Xhosa people that was not going to work out for me. All of my objections were based on that. It was a lot. I cannot live in that kind of space.”
Shayne Taliona, chair of Wac, says: “We are not living here by choice, but by circumstances. We are about six nationalities living here.
“I live off this neighbourhood from the kitchen waste that I collect and then I make compost.”
He says they have also started a vegetable garden and use produce to cook meals.
Dr Jonty Cogger, attorney for Wac, says: “You can appreciate that this is quite an unprecedented judgement. To my knowledge, no other court in Cape Town has ordered temporary emergency accommodation at this type of shelter space.
“All of the other emergency accommodations that the City has provided are in these types of emergency camps on the periphery of the city.”
Cogger says the group met on Tuesday 23 May to discuss the way forward.
“This is quite unprecedented and because of that, you need to make sure that you make the right decisions in appealing this judgement.
“The safe space is only provided for 18 months; it is not clear what is the pathway beyond that. If there were some kind of certainty that after 18 months you know you will go to the next stage in the housing delivery system at least that is some sort of certainty that it’s not just a one-stop shop where you go and stay and then you’re on the streets again. That is some of the biggest worries.”
He says his clients also raised concerns about the conditions at the shelter.
“It’s dormitory style and people understandably want some privacy and that zone of intimacy around yourself where you can feel the safeness.
“That is completely lacking in the safe space. So, it does make this a difficult decision. There will be another meeting. I will spend as long as possible with them until we come to a sensible conclusion.”
Taliona says: “It is far from clear how this transient shelter will assist us in avoiding inevitable homelessness after 18 months, especially in a city that is notoriously unequal and lacks affordable housing opportunities close to jobs.”
He says as a group they are planning on visiting the Safe Space soon.
The Wac community is supported by social housing groups Reclaim the City and Singabalaphoa.
Karen Hendricks, spokesperson for Reclaim the City, says: “The fact that the Culemborg Safe Spaces now serve as a precedent for future emergency accommodation and seems to be a housing alternative, is a great concern to the occupiers who felt that there are enough vacant sites around the inner city, that could be considered for alternative housing.
“The occupiers of Wac, Singabalapha and RTC occupations will be meeting in the very near future to discuss the Wac charges to speak about solidarity, support the way forward and to speak about and unpack the constitutional right to adequate housing as per section 26 of the Constitution. In particular, what it says about the right to safety and dignity because to us, where people live matters.”
Luthando Tyhalibongo, Spokesperson for the City, says as the group has not accepted the offer yet “the City is not at liberty to comment any further.”
