Double whammy for shack dweller who loses home and court case
Durban man who was injured during a clash with land invasion cops, has lost his legal battle with the city
A Durban shack dweller, who attempted to sue the eThekwini Municipality for demolishing his home and for injuries he sustained after being shot in the stomach by a Land Invasion Unit (LIU) official, has been left empty handed and out of pocket.
On Wednesday, the Supreme Court of Appeal dismissed Nkosinathi Mngomezulu’s final bid to hold the municipality to account for what he alleged was the illegal destruction of his Cato Crest shack and the unlawful shooting of him by LIU officer Gavin le Cordier.
And while one of the five judges, Mahube Molemela, was scathing of the municipality and said Mngomezulu should not have to pay its legal costs, she was overruled by the others who said Mngomezulu had not raised any constitutional or issues of public importance to divert from the usual practice of “costs following result”...