Category

COVID 19

Jun 18
0

Cape Town homeless share their COVID-19 pandemic stories

By | COVID 19, Eviction news, Homeless

It’s hard to believe that we have been living with COVID-19 and varying levels of lockdown restrictions for 15 months now. It has been a moment, and an eternity. Everyone has experienced challenges in some way, but arguably none more so than the homeless, a cohort that has grown in number over the past year. Tent cities have sprung up all over Cape Town. It is easy to turn away from marginalised people in our society, but this author has gathered the stories of some of the Cape Town homeless, both good and bad, and shared them in this article. To help others, we must first understand them.

Reprinted from IOL, by Carlos Mesquita – 2021-06-02

COLUMN: Carlos Mesquita writes that as we seem to be entering the third wave, he decided to let some other voices speak of their Covid-19 experience. Picture: Tracey Adams/African News Agency(ANA)

COLUMN: Carlos Mesquita writes that as we seem to be entering the third wave, he decided to let some other voices speak of their Covid-19 experience. Picture: Tracey Adams/African News Agency (ANA)

As we at our house grapple with possible eviction and as we seem to be entering the third wave, I decided to let some other voices speak of their Covid-19 experience.

But time has revealed that for those on the front-line, there is still uncertainty. At one point, it almost seemed as if Cape Town’s homeless crisis might be solved for good.

While most shelters obeyed the no-eviction policy during lockdown, some residents could not remain inside for the entire period.

“Behavioural issues, for example, meant that some were forced to return to the streets,” says an anonymous shelter assistant.

Nonetheless, many outcomes for homeless people from the Covid-19 lockdown have been positive.

Jason’s story: he has been homeless in Cape Town for six years, and was brought to the Safe Space shelter in Bellville at the start of the pandemic. After a couple of weeks he was moved into another shelter in Bellville. It was difficult to be around people who did not care about social distancing.

“I’m now around people that I can interact with and feel safe around but… it’s meant that people can’t really see their families, they can’t interact with friends.”

“Anyone who’s got half a brain can look around and see these people bending over backwards… so I think it would be wrong for anyone to ask anything more.”

Nandipha’s story: she became homeless in 2018 after difficult circumstances with her neighbour.

She was referred to The Haven who placed her into several different shelters during the time she was homeless. She has been living at the Culemborg Safe Space since Strandfontein closed.

She says: “I don’t know how long I’m going to be in here for.”

Alongside her anxieties about the virus, the lack of certainty in her living situation has had a negative impact on her.

Despite issues with her mental and physical health over lockdown, she claims she received no support from the Strandfontein staff or Culemborg team.

The “put everyone together” policy did not work at Strandfontein and doesn’t work at Culemburg.

There was a rape in Strandfontein and there have been stabbings at Culemborg. Nandipha says: “You can’t expect to put all these people in the same space and ask them to stay in the room, give them sub-standard food and expect nothing to happen.”

For Nandipha, housing is not the only way to resolve homelessness.

“You can’t just fix a person and put them in a home, I know that now from experiencing it myself… there has to be care packages put in place.”

“There’s no way in Cape Town you could ever starve because there’s that many charities trying to support homeless people… but come a pandemic and there’s not a homeless person in sight. They’ve managed to home every single person in some form… so how can you not do that in everyday life?”

Peter’s story: he has been living on the streets of Cape Town for the last two years, but has been homeless for 10 years, since a credit file error prevented him from accessing any funds or credit.

At the start of lockdown, he began a campaign called Suffering, arguing that while those who were visibly sleeping rough were quickly housed in temporary accommodation, many like him who slept at the station, were forgotten.

He suggests while it might appear to be better inside than where many homeless people were before, “it’s just a different set of problems”.

“The huge advantage is getting up in the morning and being able to walk four steps, turn on the shower and grab a shower whenever you want.

“Normally if I want to have a shower, that requires a hell of a lot of co-ordination. It is the minuscule things that people take for granted if you have a house that are the big changes for a homeless person… This was just back to normality for me.

“The government took the credit for solving the problem, as they put it, but actually nothing that the government did or the major charities did, did anything to solve the problem.”

In fact, “the people who rose to the challenge were the grassroots organisations”.

* Carlos Mesquita and a handful of others formed HAC (the Homeless Action Committee) that lobbies for the rights of the homeless. He also manages Our House in Oranjezicht, which is powered by the Community Chest.

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or sdippenaar@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Jun 14
1

Level 3 evictions and the eviction process

By | COVID 19, Evictions, Rental Housing Act

What is permitted under adjusted Alert Level 2 – oops! Level 3

Evictions under lockdown level 3 South Africa

With COVID-19 cases again on the increase, the government announced a return to Level 2 on 31 May. Fortunately for the hospitality industry and the liquor industry, the alcohol ban was not reintroduced, but this week, with new infections still rising and a “third wave” officially underway, government rapidly moved the country back to Alert Level 3. Curfew has been brought forward to 10pm, and hospitality outlets, which are still allowed to serve alcohol, must close by 9pm. Off-sales are restricted to Monday-Thursday, 10am to 6pm. But the rules regarding Alert Level 3 evictions are basically the same as they have been throughout Alert Levels 1-3. 

Evictions under Alert Level 3

As before, the aim is to protect vulnerable tenants. In the words of the regulations, “A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.” Landlords may apply for an eviction order, but it will be suspended or “stayed” “until after the lapse or termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order.” 

If the landlord does need to evict a tenant, they must have regard for: 

  • The need for everyone to have a place of residence and services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons
  • The impact of the disaster on the parties
  • Whether affected persons will have immediate access to an alternative place of residence and basic services
  • Whether adequate measures are in place to protect the health of any person in the process of a relocation
  • The occupier’s behaviour, e.g. if they are causing harm to others
  • The steps the landlord has taken to make alternative arrangements of payment of rent to preclude the need for relocation
  • Other considerations as described in the gazette

Rental housing 

The national state of disaster and its documentation stresses the importance of fair practice, strengthening the provisions of the Rental Housing Act 1999. The following conduct is deemed unfair practice:

  • The termination of services in circumstances where:
  • the landlord has failed to provide reasonable notice and an opportunity to make representations
  • the landlord has failed, reasonably and in good faith, to make the necessary arrangements including to reach an agreement regarding alternative payment arrangements, where applicable
  • no provision has been made for the ongoing provision of basic services during the national state of disaster
  • Imposition of a penalty for the late payment of rental where the default is caused by the disaster 
  • Failure of either party (landlord or tenant) to engage reasonably with the other to “cater for the exigencies of the disaster”
  • Any other conduct that prejudices the ongoing occupancy or the health of any person or the ability to comply with the applicable restrictions on movement 

For a full list of regulations, see sacoronavirus.co.za

The eviction process

Although the eviction order may be stayed under after the national state of disaster lapses, you may apply to the court for an eviction order. 

If a tenant is in breach of the lease agreement, you must follow these steps. You must not physically remove the tenant or their possessions, change the locks, or disconnect water or electricity. Doing so is a criminal offence and you could find yourself in court…for the wrong reason! The process is as follows:

  1. Serve notice to the tenant of the breach, giving them a defined period of time to rectify the breach. This will be determined by the terms of the lease, or if not specified it will be 20 working days, in accordance with the Consumer Protection Act (CPA).
  2. If the breach is not rectified, you can terminate the lease contract.
  3. You then give notice to your tenant of your intention to evict them through the courts.
  4. You apply to court to have a “tenant eviction order” issued to the tenant.
  5. The court issues the “tenant eviction order” to the tenant and the municipality whose jurisdiction the property is in, 14 days before the court hearing.
  6. The court hearing takes place. The tenant is entitled to offer a valid defence.
  7. If there is a valid defence, a trial date is set. If there is no valid defence, a “warrant of eviction” is issued to the sheriff. This authorises the sheriff to remove the tenant’s possessions from the premises.
  8. A trial begins or the court sheriff removes the tenant’s possessions from the premises.

Note that only a sheriff may remove the tenant’s possessions. Even if you succeed in securing an eviction order, you do not have the authority to remove their belongings yourself.

Legal advice is strongly recommended

While you can notify your tenant of your intention to cancel the lease without seeking legal advice, it’s a good idea to work with an eviction attorney from the beginning of the process. If the breach is not remedied and you pursue the matter through the courts, it will be reassuring to know that you have followed due process every step of the way. You don’t want your case to be thrown out on a technicality you have overlooked. Rental housing legislation is complex and, particularly in the current situation, rapidly changing. You need to be sure you are in compliance with the law and, more importantly, your tenants are treated fairly, especially in the context of COVID-19.

For further information

SD Law is a law firm in Cape Town and Johannesburg with specialist eviction lawyers. If you are seeking an eviction, we will make sure you meet the court’s requirements. Contact Cape Town attorney Simon Dippenaar on 086 099 5146 or email sdippenaar@sdlaw.co.za.

Feb 10
0

David Mabuza’s assurance was misleading

By | COVID 19, Eviction news, Eviction notice, Eviction orders, Expropriation Bill, Farm evictions

Four months after the Deputy President, David Mabuza, assured South Africans that no farmer will be evicted from their farms under the government’s land redistribution programme, Department of Agriculture, Land Reform and Rural Development (DALRRD) officials have been going around giving farmers one-week notices to vacate their farms.

On 22 October 2020, while answering questions in the National Assembly on the government’s planned 700 000 hectare land redistribution programme, Mabuza unambiguously stated that “…those people that are currently occupying those farms (identified for redistribution), I don’t think there is any intention to forcefully remove people at this point in time”.

Mabuza’s assurance was obviously misleading because Mr Ivan Cloete, a successful pig farmer at Colenso farm in the Western Cape was recently served with a 7-day notice to vacate his farm by officials from the DALRRD’s Western Cape provincial offices. The claim by these officials that Mr Cloete does not qualify to continue practising his farming activities at Colenso farm is nothing but naked abuse of power designed to intimidate him into giving up his livelihood. The DA will not stand by and allow the use of dubious eviction orders to harass and victimise a defenceless farmer.

The unfair treatment of Mr Cloete appears to confirm well-founded fears among farmers that 700 000 hectare scheme was now being used as a cover by DALRRD officials to intimidate them into vacating their farms. What makes this state-sanctioned intimidation worse is that the farms of some of the farmers facing this intimidation do not form part of the 700 000 hectare program.

The DA has always been on record arguing that the chaotic approach to land reform will open up avenues for corrupt abuse of the process and disrupt the agricultural sector:

On 10 March 2020, I warned members of the Portfolio Committee that, even without data or information on the monitoring and evaluation of land reform, Departmental officials had been issuing eviction notices haphazardly.

During a committee session on 01 December 2020, I told committee members that farmers in the Western Cape, Gauteng and Mpumalanga who have been on the land for years, had received letters to vacate in the past year.

It is ominous that while the controversial section 25 amendment is being debated in Parliament, farmers are already facing unrelenting pressure to vacate their farms from a Department that has gone rogue. Mabuza and his colleagues in government have an obligation to stop this reckless targeting of farmers before it inflicts irreparable damage to the agricultural sector and the economy.

Reprinted from Politics Web by Annette Steyn

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our attorneys on 086 099 5146 or sdippenaar@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

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