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Cape Town eviction lawyer Archives | Page 5 of 7 | Eviction Lawyers South Africa

SAHRC: We’re against land invasions, but City of Cape Town must abide by the law

By | Eviction news, Eviction notice, Eviction orders, Eviction videos, Evictions

The SA Human Rights Commission (SAHRC) took the City of Cape Town to court last week following a series of contentious demolitions and evictions during the lockdown.

The EFF joined the SAHRC’s court application to interdict the City from carrying out evictions and demolitions of structures during the National State of Disaster.

The Western Cape High Court is expected to deliver a ruling soon.

The court application comes after the forced removal of a Khayelitsha man while naked last month.

Western Cape SAHRC commissioner Chris Nissen says the commission does not condone land invasions, however, that the City must follow the law when dealing with illegal occupations.

Nissen says the EFF’s involvement in the court application is in the broader interest of public good.

He adds that the SAHRC does not side with any political party, despite what the City may suggest.

Reprinted from CapeTalk (emphasis by SD Law*)

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.

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53 land invasions on Public Works and Infrastructure Department properties, says De Lille

By | Eviction news, Eviction notice, Eviction orders
Minister of Public Works Patricia de Lille. Picture: Armand Hough/African News Agency(ANA) Archives
Minister of Public Works Patricia de Lille. Picture: Armand Hough/African News Agency(ANA) Archives

Cape Town: The Public Works and Infrastructure Department has experienced 53 land invasions on its properties across the country since last year.

The department was unsuccessful in preventing land invasion in 32 vacant properties and had instituted 12 cases of trespassing and/or eviction orders.

This was revealed by Public Works and Infrastructure Minister Patricia de Lille when responding to parliamenatry questions from DA MP Samantha Graham.

Graham had asked about the number of vacant properties owned by her department in 2019 and 2020.

The breakdown of invasions to the department’s properties showed that Mthatha, in the Eastern Cape, lead the pack with 14 incidents, followed by nine each in Port Elizabeth and Nelspruit, as well as eight in Durban.

Cape Town recorded four instances, there were three each in Kimberley and Mmabatho, two in Polokwane and one in Bloemfontein.

De Lille said her department had deployed various strategies to prevent land invasions.

These included nine vacant plots of land where the department was planning to procure the services of the security companies to patrol the area.

She also said another strategy was forging relationship with municipalities to collaborate and share intelligence on the land prevention tactics.

“The department is also intending to collaborate with community leaders, civil activists and whistle blowers to receive information of potential threats on land invasion and act immediately upon receipt of such information to prevent further land invasions,” the minister said.

She said they would also report cases to police to assist with the arrest of the trespassers and the demolition of informal structures within 24 hours of their erection.

Meanwhile, Justice and Correctional Services Ronald Lamola said the National Prosecuting Authority and the Department of Justice and Constitutional Development had informed him that statistics relating to cases of illegal invasion of state-owned land, which were prosecuted in the past five financial years, had not been kept.

Lamola was responding to DA MP Jacques Julius, who asked about the number of cases of illegal invasion of land owned by the state that had been prosecuted, and the number of successful prosecutions in each province.

He said invasion of state property would normally constitute the civil offence of trespass.

“Complaints in this regard, would be submitted by municipalities. There is no record of cases opened by municipalities against trespassers in this regard,” Lamola said.

He said municipalities usually initiated civil proceedings and sought a court order for the eviction of unlawful land invaders.

“These cases would normally be enrolled on the civil case roll in various magistrates’ districts.”

He said some of these civil cases were often also settled out of court with the result that no case was actually registered on the court roll in such circumstances.

“It is for this reason that the statistics of these civil cases are not readily available,” Lamola said.

Reprinted from IOL (emphasis by SD Law*)

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.

Further Reading:

Rental tenants believe they can only pay rent after a 10% reduction

By | Eviction news, Eviction notice, Eviction orders, Evictions, Rent
About 88 percent of rental tenants believe they will only be able to afford monthly rentals that’s reduced by 10 percent for the next 12 months, while more than a third say they intend to move for a better deal, due to the impact of the Covid-19 lockdown. Picture Pixabay
About 88 percent of rental tenants believe they will only be able to afford monthly rentals that’s reduced by 10 percent for the next 12 months, while more than a third say they intend to move for a better deal, due to the impact of the Covid-19 lockdown. Picture Pixabay

CAPE TOWN – About 88 percent of rental tenants believe they will only be able to afford monthly rentals that’s reduced by 10 percent for the next 12 months, while more than a third say they intend to move for a better deal, due to the impact of the Covid-19 lockdown.

These were according to findings of a survey by digital rental platform, HouseME, among more than 1000 of its tenants and landlords in June and July.

The findings reveal the impact of the Covid-19 lockdown and economic slowdown on the residential property market, in stark black and white, and a major concern is when the payment holidays end.

Property entrepreneur and Only Realty managing director Grant Smee said: “We’ are seeing an excess amount of vacant properties. Tenants have either: been evicted; had to move out due to affordability; or, in the case of Airbnb’s, are vacant due to a lack of tourism. This is particularly evident in Cape Town, our major tourism hub”.

Smee said while evictions had been an ethical “grey area” during lockdown, eviction lawyers were preparing for an influx of cases. He said the topic of eviction, however, remained contentious, and was placing big pressure on both landlords and tenants.

In the HouseME survey, the majority of landlords (85 percent) in the HouseME survey own bonded properties, so it was unsurprising that 37 percent said they could not afford to self-fund more than one month of vacancy, with half of those landlords indicating they could not fund even a single month of vacancy.

However, 41 percent of landlords were expecting rentals to remain unchanged for the next 12 months, and 24 percent expected rentals to increase.

With 28 percent of tenants already having had their income negatively affected, either through job loss or salary reduction, and 21 percent concerned about income security in the next six months, the mismatch of expectations between landlords and tenants was likely to cause tension when it comes to property pricing and negotiation, said HouseME chief executive Ben Shaw.

“A major concern for landlords, banks and property managers is what will happen when the payment holidays end. Landlords who have had the benefit of delaying home loan repayments may now be forced to ruthlessly pursue rental to cover their payments,” he said.

Tenants who had rental payment holidays could now also be within days of default.

“We expect the national default rate to spike in August and September and this will have a knock-on effect on property value, credit records and general affordability by the consumer,” said Shaw.

A quarter of all landlords surveyed listed non-payment of rental as their biggest worry going forward, followed by vacancies (19 percent) and late payments (16 percent).

“The economic recession is already biting hard among tenants, with some respondents saying that moving costs are prohibitive given their current liquidity position, and some even citing petrol and travel costs for viewings as a barrier,” said Shaw.

Shaw said the pandemic had fast-tracked the move to digital, which was reflected in accelerated adoption of the HouseME platform.

“We have seen an 80 percent jump in units advertised since the first quarter of the year; driven by larger property portfolios – all of whom are now moving digital, seeking the cost efficiencies of a long-term letting platform.

“Our listings climbed from an average of 400 pre-lockdown to more than 750 in July. This was partly due to the influx of fully-furnished holiday-let units now seeking long-term tenants, because they could no longer rely on the short-term market for income.

“This increased supply is likely to further push down rental prices, particularly in major cities – both tourist and business centres – until tourism picks up again,” said Shaw.

Smee said a prolonged buyers’ market had seen a spike in residential property sales since June. “It is important to take a conservative, calculated and logical approach when purchasing or selling a property,” he said.

Reprinted from Iol by Edward West (emphasis by SD Law*)

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.

Further Reading: