Category

Eviction orders

Jun 24
1

Call for moratorium on court magistrates granting eviction orders

By | COVID 19, Evicting a family member, Eviction news, Eviction orders

Reprinted from IOL, by Mthuthuzeli Ntseku – 2021-06-23

Non-profit organisation Ndifuna Ukwazi calls for moratorium on eviction orders

Non-profit organisation Ndifuna Ukwazi said evictions under alert level 3 remained prohibited unless a court ordered otherwise. File picture: Henk Kruger/African News agency (ANA)

Cape Town – The Ukubavimba Foundation has called on Minister of Justice and Correctional Services, Ronald Lamola, to place a moratorium on court magistrates granting eviction orders.
This as a family of six from Atlantis is facing possible eviction after a family member got an eviction order to throw them out of the house they have been occupying for 35 years.

Speaking on behalf of the family, activist Verona October said the family had been living in the house since birth, but now their aunt wanted to evict them.

“The sheriff was recently at the family home, and we want to know what this eviction is based on. Earlier this year the aunt got people to rent the house, and now she wants to evict the family. They haven’t received a letter of eviction, but we are aware of her intention to get them evicted. The family has been living in their late grandfather’s house since birth, and they know no other home but this one,” she said.

Foundation activist Deon Carelse said it was a constitutional matter, adding that evictions increased homelessness.

“Minister Lamola is in charge of the courts, and with the judges that under his authority he can bar them from signing these eviction orders. Our Constitution tells us that there should be adequate housing for all, and that is a basic human right. For a court judge to grant an eviction order is unconstitutional.

“Currently we are under alert level 3, and with the national lockdown it is unconstitutional to evict a person. These evictions, whether private or farm evictions, are unlawful and unjust. An eviction order to be granted by a court does not do justice to the evicted families; it is inhumane, especially at this time of the year,” said Carelse.

Non-profit organisation Ndifuna Ukwazi said evictions under alert level 3 remained prohibited unless a court ordered otherwise.

“This means the sheriff cannot physically remove you from your home until the State of Disaster ends, unless the court specifically orders that it is just and equitable for the eviction to be carried out before then,” the organisation said.

It said courts must always consider all factors, including the reason for an eviction, evictees’ personal circumstances, especially the elderly, children and people with specific needs, and whether alternative accommodation was available.

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.

Further reading:

Jun 23
0

SABC News exposé on land eviction yields positive results

By | Eviction news, Eviction orders, Evictions, Farm evictions

Image: Government-Flickr

The Department of Land Reform has now purchased a farm to develop for the displaced families.

The Department of Land Reform has successfully managed to acquire permanent accommodation for 12 families who were evicted by the owner of a farm near Ventersdorp in the North West.

The group – comprising of 51 members, including 20 children –  with all their belongings were evicted almost two months ago, and were forced to spend two nights on the street.

They are currently being accommodated in a community hall at Tshing township in Ventersdorp.

The plight of the families was exposed by SABC News two months ago. Since then, both national and provincial government authorities have intervened.

Efforts to secure permanent accommodation for them, seems to have yielded positive results.

The Department of Land Reform has managed to purchase a 205 hectare farm in Hartebeesfontein near Klerksdorp worth R1.4 million.

The Department’s Director for Tenure and Reforms, Richard Sebolai, explains: “We have identified a property by the name of Hartebeesfontein, it’s in extend of 205 hectares. We have already finalised all the processes of acquiring this property. We have signed sale agreements, we have submitted your guarantees to the conveyers who have been appointed by the owner of the property. Our branch special land use management have already drawn a plan which actually shows where the settlement is going to be.”

The provincial human settlements department is also on board. Its Chief Director, Tshepo Phetlhu, says they are assisting the affected families by building them temporary houses.

“We looked at our programme and we said let us assist the 12 families that are evicted through a programme called the emergency housing programme. To that end we then appointed service providers to do same, which as we speak the service providers are on site. They started to construct houses and we are hoping that they will conclude soon.”

Commitment to providing basic services

Matlosana Local Municipality Ward councillor, Mathapelo Seitisho, says her municipality will provide basic services to those relocated.

“We will just provide our community with water, sanitation and also electricity, because we are still using the temporary structures. Where there is a need for permanent structures, we will also be there,” says Seitisho.

Spokesperson for the evicted workers is 54-year-old, Julius Moeketsi.

He has expressed their gratitude for the intervention.

“I am very happy because that is what we really needed, as our living conditions in that hall are very bad particularly during this winter period.”

Government officials are optimistic that the relocation of these families will be completed late next month.

Reprinted from SABCNEWS (emphasis by SD Law*)

 

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 simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

Mar 17
0

Communicare tenants in Thornton flats face eviction today

By | Eviction news, Eviction notice, Eviction orders, Evictions, Rent
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)

Cape Town – Despite their efforts, 11 families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday.

The tenants had approached the court to prevent Communicare from evicting them and others at various properties.

They also asked for the suspension of the chairperson, for a forensic audit into the institution’s affairs, and for an order preventing Communicare from transferring assets to its subsidiary, Good Find Properties.

The tenants said they were being forced to sign new leases with Good Find Properties at prices they could not afford.

The Western Cape High Court had granted Communicare an eviction order in November.

“Advocate Dondolo reported to the assembly outside the Cape High Court that the Albatross file was stolen from the High Court Archives.

’’At the beginning of the court proceedings,the clerk of the court informed the court judge that the content of the file had disappeared,” the Communicare Tenant Beneficiaries said.

“This exposes the 11 families at Albatross flats in Thornton to being evicted by Communicare on Monday (today). Communicare has been trying to evict our tenants since August 2019.

’’Advocate Mbenyane will reinstate the Albatross case and will request an inquiry at the high court as to the reasons for the Albatross file being stolen,” they added.

Communicare said the attorneys representing the tenants had not shown up.

“The applicants and their attorneys did not pitch for court so the matter was struck off the roll. The eviction order stands for the sheriff to execute,” said the stakeholder relations officer at Communicare, Megan Lennert.

Last week Communicare announced it would be selling all its Ruyterwacht properties.

This was not received well by tenants who say they want the title deeds, accusing the organisation of trying to make a profit from assets.

In an open letter to Communicare, tenant and chairperson of the Ruyterwacht Community Association Mandisa Zamile said: “We, the Communicare Tenant Beneficiaries from Ruyterwacht, reject the unlawful sales offer to buy the social housing rental stock in Ruyterwacht.

“We know, unless you can prove otherwise, that during apartheid years, Communicare illegally grabbed the social housing rental stock and land from the apartheid social housing agency called the Citizens Housing League.”

Communicare said it was the legal owner of the property and the sales would go ahead.

Reprinted from IOL some links added by SD Law

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 on0860995146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading: