The District Six Working Committee (D6WC) is seeking a declaratory order and structural interdict against the state for failing to provide adequate restitution in district six since 1998. Addressing the media on Tuesday, the D6WC cited the Minister of rural development and land reform, the Premier of the Western Cape, the City of the Cape Town, the SA government and the District Six Beneficiary Trust and its trustees as the respondents in the case.

The District Six Working Committee wants a declaratory order which states that government has failed in its constitutional obligation to ensure restitution. Their demands consist of them wanting a reasonable timetable from government to speed up the land reform process.

“We will also be seeking relief from court to compel the Department of Rural Development and Land Reform to fulfil its duties. The papers have been served and the department has until yesterday to file their intention to oppose it,” said the District Six Working Committee legal representative Attorney Nicki Van’t Riet.

In his response, the chairperson of the District Six Beneficiary and Redevelopment Trust Dr Anwar Nagia, said the application should have been made against the minster only, as the Trust is not involved in the current process.

“What they should have done is to make us a friend of their application, rather than a victim and a respondent. It is a travesty of justice. In fact it is awakening a sleeping giant,” said Nagia.

“They are bringing an application against the victims like the Beneficiary Trust, who was the only organisation who brought the government to his knees on in terms of a section 34 application. There would be no District Six if it was not for the Beneficiary Trust,” he stressed.

The District Six Beneficiary Trust left the land restitution process five years ago, but this latest development is forcing the trust to come back, said Nagia. He further added that they have hundreds of people who are asking them to come back and assist with the restitution process.

“You cannot tell victims of Districts Six as to when and how they will be restituted. Their application is wrong and we demand a public apology from the District Six Working Committee Group.”

The D6 Trust had built the first and second phase; and now would moving to assisting latecomers to claim.

“They [D6WC} should have come to speak to us, as we are the only people who have institutional memory. We are going to call on to all peace loving victims to get the process going,” he ended.