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National & Provincial
Jul 15 2013 7:04AM
 
Western Cape activists lodge leave to appeal against evictions
Members of the Distric Six Advocacy Committee protest disrupt a ceremonial march in Cape Town. Gallo images
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A group of Khoi activists who invaded a District Six apartment complex have applied for leave to appeal against the Western Cape High Court order to evict them from the flats, the group said on Sunday.

"We require a stay of the final eviction order pending the outcome of the appeal process," the group, calling itself the District Six claimants said in a statement.

The group occupied 11 units in the suburb last month which were earmarked for land restitution returnees, claiming that their ancestral land as aborigines had been taken away.

All but one family with small children were evicted on June 21 after the Western Cape High Court granted an interim eviction order.

Last week, Judge Robert Henney made the eviction order final.

The group said it was denied the right to legal representation.

"Judge Henney wanted us to give him a lawful argument after we had requested a postponement precisely because we did not have legal representation."

"He overlooked our right to be legally represented and ignored our request for a postponement. In his judgment the judge said that we did not deliver a good lawful argument despite the fact that we were not legally represented or had the legal capacity."

Two lawyers appointed to represent the group never met with them to prepare for the case, they said.

The eviction was also in contravention of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, whose intention is to protect citizens against illegal evictions, they stated.

"The land on which the current flats have been built belong to claimants who have not authorised the development taking place on their land."

"We remain committed to sitting down with government in finding a resolution to this matter. All we seek is justice through our return home to District Six."
      
- Sapa    

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