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Durban Eviction Lawyer Archives | Page 5 of 12 | Eviction Lawyers South Africa

Sep 26
0

Reclaiming State Property

By | Eviction news

Reprinted from SA News – 2024-09-25

Public Works and Infrastructure Deputy Minister Sihle Zikalala will today undertake Operation Bring Back (OBB), which aims to oversee the implementation of eviction orders in State-owned properties around Mthatha in the Eastern Cape.

Zikalala will be accompanied by the Eastern Cape Public Works and Infrastructure MEC, Siphokazi Lusithi.

The action is part of the Eastern Cape and nation-wide Government plan to reclaim unlawfully occupied state properties.

Operation Bring Back is an initiative of the national Department of Public Works (DPW), which aims to recover land and other properties, including farms that were illegally occupied or stolen from the State prior to and immediately after the 1994 democratic transition.

In terms of the Constitution of the Republic of South Africa, No 108 of 1996, all State owned national and provincial immovable assets must be vested in the name of the national government or in the name of the nine provinces. The national government is therefore the custodian of all national government immovable assets.

In April 2011, the National Department of Public Works started the OBB programme, which was largely dependent on the public coming forward to report cases of misappropriation through a call centre that was launched during a public communication campaign at the time. This OBB programme ceased to function in October 2011 and no cases were investigated.

Following the evictions under today’s programme, an oversight visit will be carried out at the construction site of the Mqanduli Office Precinct in Mqanduli.

In the Eastern Cape, there are 82 properties that are currently going through legal channels, including 57 eviction orders.

Of these, 21 have been evaluated and are recommended for execution, with a target of completing 36 evictions by the end of the 2024/2025 financial year.

All eviction actions will strictly adhere to legal standards and respect tenant rights.

The Mqanduli Office Precinct is designed to enhance local government services and stimulate economic growth in the area.

This modern facility aims to improve accessibility for residents and provide a collaborative space for various government departments. – SAnews.gov.za

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading:

Sep 23
0

Court orders eviction of shantytown residents around Castle of Good Hope

By | Eviction news, Eviction orders, Homeless

Reprinted from TimesLive, by Timna Mgunculu – 2024-09-29

City of Cape Town has to offer alternative accommodation in the form of ‘safe spaces’

The department of public works (DPW) has obtained a court order to evict residents of a shantytown that sprang up around the Castle of Good Hope.

The department approached the high court in Cape Town on Tuesday asking for an order compelling the residents to leave the historic precinct by October 17.

According to the order, the City of Cape Town has to offer the residents “alternative accommodation” in the form of “safe spaces”. The shantytown residents “who take up the alternative accommodation at a City Safe Space shall be entitled to an initial six-month stay, which shall be extended until they have acquired alternative accommodation”.

This is “subject to such individuals engaging with the city and co-operating in meeting their respective Personal Development Plans”.

Should the residents not vacate the area by the cut-off date and not take up accommodation offered by the city, the sheriff, assisted by the police, will “eject” them. Their structures will also be demolished.

Cape Town mayor Geordin Hill-Lewis welcomed the development, saying the situation had been a “concern”.

He said the city’s social development professionals had helped the department in documenting “the personal circumstances of each of the unlawful occupants via on-site interviews”.

Hill-Lewis said offers of “transitional shelter at City Safe Spaces and NGO-run night shelters have been made” and remain available.

“I warmly welcome the court granting an eviction order to the national DPW as the land custodian for the Castle precinct,” said Hill-Lewis. “This site has long been a source of public concern and complaint — as well as a source of frequent incidents of crime and general grime.

“The city has been pushing for more than two years for the owner of the site to take responsibility for it. We are grateful to the new minister for showing leadership and getting his department to act.

“The unlawful occupation began during the national lockdown, and the city has long been advocating for a resolution not only because of the Castle’s tourism and economic importance but also for the sake of the unlawful occupants. Accepting social assistance to get off the streets is the best choice for dignity, health and wellbeing.”

He said no-one had the right to reserve a public space as exclusively theirs while indefinitely refusing all offers of shelter and social assistance.

Hill-Lewis said the city last month completed all processes related to the final eviction order obtained for various unlawful occupation sites in the CBD along Buitengracht Street, FW de Klerk Boulevard, Foregate Square, the taxi rank and Foreshore, Helen Suzman Boulevard, Strand Street, Foreshore/N1, Virginia Avenue and Mill Street Bridge.

“Earlier this year, the high court further granted the city two similar eviction orders in recent months for central Cape Town, at the Green Point tennis courts in the vicinity of the Nelson Mandela Boulevard intersection with Hertzog Boulevard, Old Marine Drive and Christiaan Barnard Bridge,” said Hill-Lewis.

Hill-Lewis said the city would spend more than R220m in the next three years to expand and operate its Safe Space transitional shelters beyond the current 1,070 beds across the CBD, Bellville and Durbanville facilities.

“The city now operates two Safe Spaces at Culemborg in the east CBD, which offer 510 shelter beds across the facilities, with a new 300-bed Safe Space in Green Point opened in July 2024,” he said.

“A further facility is on the cards for Muizenberg, with plans for more around the metro. The city further runs the Matrix substance abuse treatment programme, with an 83% success rate for clients, addressing a key driver of why people end up on the streets.

“Annually the city helps about 3,500 individuals with shelter placement or referrals to an array of social services. In 22/23, this amounted to 2,246 shelter placements, 112 family reunifications and reintegrations, 1,124 referrals to social services, and more than 880 short-term contractual job opportunities via the expanded public works programme.”

For further information

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with tenants’ rights or landlords’ responsibilities.

Further reading:

Aug 14
0

Pitfalls of eviction

By | Evictions, PIE, Tenants

How to avoid the traps that will scupper an eviction

Have you reached the end of the line with problem tenants? You’ve tried negotiating, pleading, and maybe even formal mediation, but you can’t resolve your differences and your tenants are in breach of their lease. Eviction is a last resort. It’s not a pleasant process and you may even like your recalcitrant tenants and want to avoid conflict. Eviction is time-consuming and costly, both in the short and long term. Eviction itself carries costs but, worse, your property might remain unoccupied for a while before you find suitable new tenants, depriving you of income. Unfortunately, sometimes eviction is necessary. If you do have to evict your tenants, how can you avoid the pitfalls and make sure you meet the correct conditions for eviction?

Read our Complete 2025 Guide to Evictions in South Africa.

Legislation

Evictions in South Africa are governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The Rental Housing Act and the Consumer Protection Act (CPA) set out further conditions that must be met before an eviction can proceed. Property owners often make mistakes that prolong the eviction process. Avoid them for a hassle-free eviction. We go through the most common blunders below.

Failure to provide proper notice 

The conditions required for a lawful eviction to proceed are set out in the legislation cited above. Importantly, you must give your tenant sufficient notice in the correct manner. To evict a tenant you must give them notice of the breach and time to rectify the breach. If the breach is not rectified within the specified time frame, you can then terminate the lease. If the tenant does not agree to vacate the premises, you may apply to the court for an eviction order. Failure to follow the correct procedures can result in the eviction being declared unlawful and dismissed. 

Inadequate documentation 

A well-drafted lease agreement is essential and records should be kept of all communications with the tenant, especially regarding rental arrears and notices. The legal burden is on you to prove in court that the eviction is both just and right. Therefore, make sure you have sufficient evidence to back up the claim.

No valid reason for eviction 

You must have a valid and legal reason for evicting someone. Common reasons include non-payment of rent, breach of the lease agreement or the need to use the property for personal use. The eviction must be based on legitimate grounds. 

DIY evictions 

Landlords sometimes attempt to evict a tenant alone, without going through the courts. It is illegal to take the law into your own hands and forcibly evict tenants or cut off essential services such as water and electricity without a court order. Removing a tenant using threats, intimidation, harassment, or physical altercation opens the door for tenants to pursue criminal action against you. 

Incomplete maintenance and repairs 

Failure to address maintenance issues promptly can be used by tenants as a defence during eviction proceedings. You have a responsibility to maintain a safe and habitable property and you cannot purposefully make the property uninhabitable in any way. You should complete essential repairs or maintenance promptly. 

Failure to take legal advice 

One of the most common eviction mistakes is failing to take professional advice. Consulting a legal professional experienced in evictions and property law is crucial to making sure you follow the correct eviction process. Evictions are stressful and complicated; an understanding of the applicable laws is vital. The process can drag on and you may be tempted to take shortcuts, usually out of frustration. However, the consequences of not following the proper steps can be significant and result in further delays, costs, and possible legal action. 

Consult an eviction specialist

Simon Dippenaar & Associates, Inc. is a law firm of specialist eviction lawyers in Cape Town, Johannesburg and Durban. We help landlords and tenants maintain healthy working relationships but, when necessary, we assist with eviction, ensuring it is carried out legally and ethically. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need help with an eviction.

Further reading: