Safety and Security Mayco member JP Smith has taken issue with the prevention of illegal eviction from and Unlawful Occupation of Land Act – for preventing the city from curbing illegal occupations.
Reprinted from Eyewitness News – 2023-05-19
CAPE TOWN – City Mayco member for safety and security, JP Smith, has slammed the Western Cape High Court for handing down contradictory rulings.
Smith has singled out the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, known as the PIE Act, for preventing the city from curbing illegal occupation of property and land in Cape Town.
He highlighted a recent court ruling related to the illegal occupation of property in Tennant Street, District Six.
Smith said that at the end of April, a court ruling instructed the city to apply its by-laws to remove squatters from the property.
He said that this was a contradiction to previous rulings when the court curbed the city from implementing its by-laws.
“So we are finding these very contradictory rulings from the court. During the COVID regulations, this environment was enabled. People were allowed to put up structures and we were prohibited from removing them.”
Head of Ndifuna Ukwazi’s Law Centre, Disha Govender, said that the solution was not law enforcement but an attitude of care and building well-located affordable housing.
“With respect, the focus should not be about by-laws but about what genuinely needs to be done to ensure that all citizens are protected and have a harmonious and safe environment to live in.”
For further information
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 are concerned about unlawful eviction or if you need advice on the eviction process.
