Cape Town - Emotions ran high as Bulelani Qolani – the Khayelitsha man who was dragged out of his shack naked by the City of Cape Town’s Anti-Land Invasion Unit – recounted that fateful morning of July 1, 2020 when the officers violated him in full view of his community.
The Anti-Land Invasion Unit was carrying out evictions in the area during the lockdown at the time, without a court order.
Qolani launched his damages claim against the City yesterday, almost three years after the much-publicised incident. He is suing the City for R1.426 million for damages he suffered during what he said were unlawful evictions.
At the time of the lockdown, Qolani said he was renting a backyard dwelling with his family in Makhaza.
In April 2020, when he lost his job as a taxi driver, Qolani and others occupied vacant land in Empolweni, Makhaza. The land belonged to the City.
After the Sheriff had served the City with the court papers, social movements and organisations staged a demonstration in front of the City’s offices in solidarity with Qolani, in what they said was pushback against the oppression and abuse of the poor.
Qolani claims that as a result of the assault he had to undergo medical treatment for itchy eyes, abrasions and bruises to his neck and back, and a 3cm-4cm abrasion on his upper leg.
He continues to be psychologically and emotionally traumatised and would require ongoing treatment and counselling, he said.
Qolani’s damage claims against the City include:
● R150 000 for past and future hospital expenses and physiotherapy.
● R40 000 for medical expenses for psychotherapy and trauma counselling.
● R36 000 for an estimated loss of earning capacity.
● R500 000 for general damages for shock, loss of amenities of life and psychological trauma. s R700 000 in damages for psychological trauma and harm, contumelia, emotional shock, pain, and suffering.
Qolani said he made a demand for damages to the City in 2020 but it did not result in a settlement after he rejected it.
Qolani said the City showed no remorse for the humiliation suffered at the hands of officials.
Wiseman Mpepo, a leader of an informal settlement in Khayelitsha, said this was an attack not only on Qolani but was a reminder of the apartheid government, where black people had no freedom.
The social movements also handed over a memorandum to the City demanding it meets Qolani’s demands.
They further demanded that the City respond to social ills with care and in a humane manner, and to the issue of homelessness by involving Social Development. It must follow the right channels before resorting to illegal evictions.
The City said it has received notice of the claim but will only be in a position to comment once the content has been reviewed with the assistance of legal counsel.