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Cape Town eviction lawyer Archives | Page 2 of 7 | Eviction Lawyers South Africa

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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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 Cape Town law firm of specialist eviction lawyers, 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.

Further reading:

Protest over ’heartless’ manner in which elderly are being moved from Cape Flats old-age homes

By | COVID 19, Eviction news, Eviction notice, Eviction orders, Eviction videos, Evictions, Protests
In protest over the CPOA’s old-age homes being closed down, a peaceful picket is being held at Nerina Place in Bishop Lavis today. Picture: Vanessa Adrianse
In protest over the CPOA’s old-age homes being closed down, a peaceful picket is being held at Nerina Place in Bishop Lavis today. Picture: Vanessa Adrianse

Cape Town – The Cape Peninsula Organisation for the Aged (CPOA) has been slated over the ’’heartless’’ manner in which it has gone about closing three old-age homes on the Cape Flats due to financial constraints brought on by the Covid-19 lockdown.

In protest over the CPOA’s old-age homes being closed down, a peaceful picket is being held at Nerina Place in Bishop Lavis today, with only 50 people taking part due to Covid-19 lockdown regulations. Nerina Place has about 100 residents.

The protesters comprise residents from Bishop Lavis, Bonteheuwel and Heideveld.

The Nerina Place residents are due to be moved tomorrow and the protesters want it to be suspended with immediate effect. They are also calling for a thorough audit to be done of the CPOA’s books, urging the government to step in immediately.

Picture: Vanessa Adrianse

The CPOA said in a statement last month Nerina Place, Lilyhaven Place in Bonteheuwel and Oakhaven in Heideveld are being shut down. Despite subsidies from the Department of Social Development, the CPOA said it has accumulated losses amounting to R265 million in the past 10 years.

It added that ’’after long and intensive discussions between senior management and the board of directors, CPOA has decided it must close three of its five welfare homes’’.

Vanessa Adrianse, from Heideveldt Mothers For Justice, is incensed by the fact that there has been no consultation with the community regarding the old-age homes being closed down.

Adrianse believes it is tantamount to an “eviction’’. She says the community would have found a solution had they been consulted.

’’All the community organisations in Heideveld have partnered on this protest. Why must the elderly be moved during the heart of the Covid pandemic? The CPOA is heartless and there has been no consultation with the community organisations.

Picture: Vanessa Adrianse

’’Where are they taking these people? We haven’t been informed. If they are closing down because of a lack of funding, the CPOA could have come and spoken to us and we could have made a plan. We could have taken over and applied to government for assistance.

’’The old people are sitting on the stoep of the old-age home at the moment and pleading with us to prevent them from being evicted. Saying the elderly are being ’moved’ is just a nice way of saying they are being evicted, because if someone doesn’t want to go, then you force them.

’’Sometimes their families don’t care about them any more and then after so many years, they become each other’s family.

’’They don’t want to be moved. They are happy here. Some of them are not from Bishop Lavis and they get visits like once every two months. Now they are moving further away.

’’Surely they won’t have place for everyone in one place. If they are all going to one place, why move them from a place where they are comfortable.

“If there is enough funding to take them to another place, then why don’t they use the funds to keep them here.

“Other questions that need answering are about what will happen to the pension and income of the old people here. Why not use that pension to help sustain them?’’

There is also a concern that if they don’t rent out the rooms to people in the area when it closes down, gangsters will vandalise the building and people in the area won’t be safe.

“That is why we are protesting here today, to highlight all these issues,’’ said Adrianse.

Reprinted from IOL

Links added by SD Law

*Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, 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.

Further reading: