September 9, 2019
During the evening of 6-7 September, 2019 illegal trespassers again invaded ASLA property along the N2 in spite of a court order (interdict) prohibiting them to do so. A number of illegal structures were erected in what is clearly a premeditated and orchestrated attempt at illegal land grabbing.
The interdict that was granted was on an interim basis, and the final granting thereof will be argued in the Cape Town High Court on 17 October 2019. The respondents, the illegal invaders, had, in the meanwhile, been given multiple opportunities to put their case forward.
At the last hearing of the matter on 8 August 2019, they agreed, through an advocate representing them at this hearing, to a court order being granted which afforded them, until 23 August 2019, to formally file a notice of opposition. It furthermore required them to file a notice properly identifying those persons wishing to oppose the granting of a final interdict as well as the legal authority they conferred upon their purported legal representatives.
The same court order provided for the respondents, the illegal invaders, to file appropriate affidavits, by no later than 6 September 2019, setting out the factual and legal basis for opposing the final interdict. The illegal invaders have not, either directly or through their purported legal representatives, filed any of the required notices at the High Court by 23 August 2019, and neither have they filed any opposing affidavits setting out the factual and legal basis for opposing the granting of a final interdict. It is abundantly clear that the illegal invaders are abusing the Court process and have little or no interest in abiding by the rules of the Court they would seek protection from.
Communication attempts with the illegal trespassers have failed as the invaders are not prepared to abide by the prescripts of human settlements policy and process requiring of them to interact with the relevant authorities on this matter. They have chosen to target private land and expect ASLA’s unilateral sacrifice of their private land.
Following the invasion, ASLA again immediately contacted the South African Police Service and mobilised their contracted security company. During the weekend the situation was monitored and an ultimatum delivered to the illegal trespassers to cease and desist their actions and remove their structures and property from the site being illegally occupied. In consultation with the SAPS, removal of the illegal structures was not immediately implemented due, to amongst other reasons, affording the illegal trespassers time to remove their structures, the Redham School events taking place, potential risks to the public on the N2 and the planning & logistics involved.
ASLA has received threats against their company, property, employees and legal representatives from the illegal trespassers. These actions are subject to police investigations and we sincerely hope this would lead to the arrest of the perpetrators.
On the morning of 9 September 2019 the Illegal trespassers took to the N2 and started burning tyres again causing a road closure with no provocation in any way.
ASLA will continue to protect their own property like any owner of a property in South Africa is entitled to do. ASLA is in constant contact with the SAPS and the Provincial and City departments of Human Settlements and Safety & Security.
This premeditated act of illegal invasion is condemned in the strongest terms. ASLA insists that trespassers, their ringleaders and sponsors of this illegal act as well as those threatening violence against our company and persons associated with it are arrested and prosecuted.
Authorised for ASLA website release and release to the Community Policing Forums, Chambers of Business and Neighbourhood and Crime Watch organisations of Gordonsbay, Strand and Somerset West.
Enquiries may be referred to :
ASLA Group CEO
Email : email@example.com – For the attention of the CEO
Tel : +27 (0) 21 845 8335