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Cape Town eviction lawyer Archives | Eviction Lawyers South Africa

Investigation to be launched into Western Cape farm eviction

By | Eviction news, Eviction notice, Eviction orders, Evictions, Farm evictions, Lease Agreement

Ivan Cloete and Western Cape Agriculture MEC Ivan Meyer on a tractor.

Ivan Cloete and Western Cape Agriculture MEC Ivan Meyer on a tractor.
Supplied
  • Western Cape farmer Ivan Cloete is reportedly being evicted from his farm.
  • This is reportedly the third farm from which he is being evicted.
  • Land Reform and Rural Development Minister Thoko Didiza’s office has confirmed they are looking into the matter.

An investigation will reportedly be launched into the eviction of a Western Cape farmer.

Farmer Ivan Cloete is being evicted from his farm in Darling, allegedly to make way for a land reform claim, the SABC has reported.

Western Cape Agriculture MEC Ivan Meyer said despite productively working the land for more than a year, Cloete now faced being evicted from a third farm previously allocated to him by the Department of Agriculture, Land Reform and Rural Development (DALRRD).

Meyer alleged the eviction was being carried out “to make way for an MK veteran”.

“Cloete is effectively being denied the security of tenure on Colenso, despite having been moved from previous farms twice through no fault of his own, but rather due to DALRRD’s failure to implement and manage land reform projects under its responsibly,” Meyer said.

“Despite having in October 2019 inform[ed] the Office of the Public Protector, it reached an agreement to relocate Cloete to Colenso farm. DALRRD also indicated that it had entered into a long-term lease agreement with Cloete.”

Meyer argued that Cloete should not be evicted, in line with Disaster Management Act regulations, and said he had written to Rural Development and Land Reform Minister Thoko Didiza.

According to IOL, Cloete was removed from his previous two farms due to differences with his partners. He was reportedly moved to his current farm for his own safety. He will reportedly be offered an alternative farm.

A spokesperson for Didiza confirmed to News24 that an investigation was under way “and we are expecting a report by end of the matter. The investigation will cover all the issues raised with regards to the first allocation to Mr Cloete until the last farm he is in.”

Sourced from News24

*Simon Dippenaar & Associates Inc. is a firm of specialist eviction lawyers in Cape Town, and operating 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 want to know the cost of eviction.

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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 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 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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City of Cape Town considers evicting people ‘illegally’ occupying abandoned hospital

By | Eviction news, Evictions

Reprinted from News24, by Marvin Charles – 2021-02-05

Reclaim the City woodstock Chapter leader Karen He

Reclaim the City woodstock Chapter leader Karen Hendricks.
Marvin Charles
  • Reclaim the City organisers describe the City of Cape Town’s possible hospital eviction as “completely inappropriate”. 
  • The City is fast-tracking plans to develop social housing at the Woodstock Hospital.
  • The hospital was occupied in March 2017 and, since the occupation, the number of residents has increased.

Occupiers of the now defunct Woodstock Hospital are on edge as the City of Cape Town considers the possibility of eviction, subject to lockdown regulations.

According to the City, the illegal occupation has seen an increase in by-law contraventions, which has forced it to beef up law enforcement at a cost of R400 000 per month.

The hospital is no longer in use, and residents had previously appealed to the City to allow them to use it as housing.

Mayoral committee member for human settlements, Malusi Booi, said: “There are no circumstances under which land invasion can be condoned. The entire public housing programme hinges on protecting land from invasion, with projects worth R1.3 billion currently under threat.

“The City goes to great lengths, at great cost, to protect land and cannot afford to have groupings in society who promote land invasions.

“All role-players must actively discourage attempts to illegally occupy land. We owe this not only to ourselves as residents of a growing city, but also to future generations who will require land for schools, hospitals, housing, transport infrastructure and community facilities.”

Booi said over 700 planned social housing units are in jeopardy at the hospital, if social housing law group Ndifuna Ukwazi “enabled” occupants to refuse to vacate the premises.

In October 2018, the Western Cape High Court granted an order interdicting and restraining Reclaim the City from “inciting persons to enter or be upon the property for the purpose of unlawfully occupying or invading”.

The City said the occupants are in contempt of the order and the number of occupiers has increased substantially. This is coupled with reports of criminality, rent extortion rackets, violence and mob activity, to the detriment of the surrounding community.

Mayor Dan Plato said:

“The toxic legacy of Ndifuna Ukwazi’s organised land invasions is the biggest obstacle to social housing on well-located sites in central Cape Town, stalling development of both the City-owned Woodstock Hospital site and the Helen Bowden property near the V&A Waterfront, owned by the Western Cape Government (WCG).”

The hospital was occupied in March 2017 and, since the occupation, the number of residents has increased. The occupation was organised by Reclaim the City, who renamed the hospital “Cissie Gool House”.

Earlier this week, the City said it was fast-tracking its plans to develop social housing at the hospital and was approaching the court to order a survey of illegal occupants.

The survey would assist in helping it to ascertain the number of illegal occupants on the premises, their identities, monthly income, and their eligibility for state-subsidised housing.

Reclaim the City Woodstock Chapter Leader, Karen Hendricks, said: “The City’s attempts at evicting the families in the middle of the deadly second wave of the Covid-19 pandemic is completely inappropriate.

“To make matters worse, the City has not engaged with the families living in these occupations in any meaningful way – as it is obliged to do before resorting to eviction proceedings. The law relating to evictions is clear: The City is constitutionally required to engage with us about how it could circumvent an eviction that would place many of us at risk of becoming homeless.”

Reclaim the City said: “Rather than preventing social housing from being delivered, we have been calling on the City and the province to develop social and affordable housing on well-located public land in the central City for years.

“However, the City has continued to resist these claims. We have protested the City’s policy of evicting and displacing poor and working class families to the outskirts of the city. We have raised awareness of the City’s anti-poor policies and attitudes.”

Links added by SD Law

*Simon Dippenaar & Associates, Inc. is a firm of specialist eviction lawyers in Cape Town, and 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 want to know the cost of eviction.

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