City of Cape Town slated over delays in evicting occupiers vandalising Rylands cemetery

Vagrants have been defecating and urinating inside the cemetery and the problem has grown exponentially. Picture: Ayanda Ndamane African News Agency (ANA)

Vagrants have been defecating and urinating inside the cemetery and the problem has grown exponentially. Picture: Ayanda Ndamane African News Agency (ANA)

Published Nov 29, 2022

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Cape Town - The Rylands Gatesville Civic Association has slated the City for what it says is an apartheid-era provision of municipal services and law enforcement.

The association’s stance follows the City’s high court application to serve illegal occupants squatting on a field in Durbanville with eviction notices, while a long-standing similar matter in the Rylands area has been ignored since 2017.

The association said it was clear the illegally occupied vacant field opposite the Johnston Road cemetery did not enjoy the same enforcement of by-laws and the relevant priority as Baxter Road in Durbanville .

Following escalated complaints to the City with no action, the SA Human Rights Commissioner Chris Nissen committed to asking vagrants next to the cemetery to clear out and respect the dead.

Rylands Gatesville Civic Association executive member Salima Modack said that was far more than the actions of the City.

The constant damage to the boundary wall of the cemetery, fires, and defecation inside the cemetery were in contravention of the City’s by-laws.

Graves closest to the boundary walls were being used as beds, and certain graves for “sexual use”, she said.

Modack said there were no attempts from the City to secure the space and the area was not treated under problem buildings/land.

“The fishmongers are also victims of the City, as is the cemetery.

“The City cleans food waste daily, but it does not make up for the lack of proper facilities for the fish market.

“When we are referred back to the councillor, council or sub council, it is either met with radio silence or no constructive way of dealing with it.”

Modack said the action in Durbanville highlighted the disparities by the City in respect of service delivery, and by-law enforcement.

“Like the Durbanville residents, we support active citizenry.”

Nissen said that based on numerous complaints from the Rylands community he would support the City in engaging and removing these squatters. There was enough space for them in the Vygieskraal informal settlement.

Urban Mobility mayco member Rob Quintas said the City was preparing an eviction application to the Western Cape High Court for this property.

In September last year the City obtained a high court interdict preventing any person from unlawfully occupying the property. Offers for social assistance were refused by the occupants, he said.

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