Phillips alleged the City had broken down his Wendy house 'without any legal process'.
Phillips alleged the City had broken down his Wendy house ‘without any legal process’.
But in response, the City advised it was “considering its options regarding the judgment”, as the order to re-construct the single illegal Wendy house has jeopardised the construction of a “valuable community facility”, including a five-a-side soccer pitch for use by the local community and youth. The application was made by a group named as the Community of Hangberg, as the first applicant, and Phillips, as the second applicant.
The City responded that the construction of the Wendy house, on its land, had been without consent, and illegal, and Phillips had been officially warned to remove the structure – but had ignored this warning. The City had then removed the structure on 11 June, with the South African Police Service. But Phillips had then re-built the Wendy house.
“Mr Phillips’ construction of his home, together with being in peaceful and undisturbed possession thereof, established his constitutional rights which have been zealously grabbed from him without care of his dignity and other enshrined values of our Constitution, his rights in terms of our law and with his humanity simply having been commoditised.
“The City as a municipality is strained and under pressure to service, in accordance with its constitutional obligations, among others, to provide housing. However, they need to go about their affairs and utilise the manpower and infrastructure in a constitutional and lawful manner to achieve their goals. Trampling the Bill of Rights in its efforts is not permitted.
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