The seven activists legally booked the house more than a week ago but have overstayed their welcome.
CAPE TOWN – A group of activists illegally occupying a mansion in Camps Bay have been served with an eviction order.
The seven activists legally booked the house more than a week ago but have overstayed their welcome.
They only paid for a weekend.
Turnkey Property Management group said that it had been left with no other option but to take legal action.
The property management company had given the activists a chance to leave the house but they wouldn’t budge and pushed ahead with their protest.
Law professor, Elmien du Plessis said that before the COVID-19 lockdown under the Prevention of Illegal Evictions Act, homeowners had to first go to court then only would an eviction order be granted if deemed justifiable.
But under the state of disaster, she said that things worked differently now.
“The court will decide whether the people can be evicted and if the court says that it is just and equitable, then the court will give a date on which the people must leave the premises. That date, because of the regulations, may be suspended until after the state of disaster.”
Du Plessis said that it would be interesting to see in this case where people had rented holiday accommodation through Airbnb, if they would be deemed “illegal occupiers” in terms of the legislation.
Meanwhile, UWC land expert, Professor Ruth Hall said that under level 3, landlords or property owners could apply for eviction orders but it could not be enforced but now people could be evicted.
She added that one did not usually see this type of occupation.
“This eviction can be enforced, so this means that if a court order is made for the eviction of this group, it will be legal for them to be evicted.”
Contact us
Simon Dippenaar & Associates, Inc. is a firm of specialist eviction lawyers, based in Cape Town and 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.
Reprinted from EWN by Kaylynn Palm
Further Reading:
- Evictions ruling a tinderbox for Cape Town
- No evictions or demolitions without a court order, judges rule
- High court declares the City of Cape Town’s lockdown evictions illegal
UPDATE:
Camps Bay collective rejects housing assistance as eviction deadline looms
