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Eviction attorney cape Town Archives | Page 5 of 19 | Eviction Lawyers South Africa

Red Ants evict Mahikeng residents who illegally occupied SABC properties

By | Eviction news, Evictions

Red Ants evict Mahikeng residents. Reprinted from the Sowetan Live, by Boitumelo Tshehle – 2021-09-28

More than 100 Mahikeng residents in the North West were left stranded on Tuesday after the Red Ants evicted them from an SABC block of flats and houses previously owned by Bop TV.

Children who were ready to go to school watched as their families’ valuables were taken away. The occupants said they could not go to work as a result of the eviction.

The group occupied the flats in May after the SABC sold them to a private company. They said they were not happy that the SABC took that decision without properly consulting the community.

In a call for the government to protect the flats and other buildings constructed during the Bophuthatswana era, residents occupied the place.

They said they heard that there was a court order to evict them but they should at least have been warned so that they could remove their belongings.

A security guard, Sello Maleke, said he lost his goods during the eviction. “I just bought a new bedroom suite. It’s a big loss for me as I worked so hard to save money for that bedroom suite,” he said.

Maleke said he previously lived in Dibate Village but took the opportunity to occupy one of the flats after he learnt that residents were taking over the residential area.

“I am just a security guard. I do not earn much. I have applied for an RDP house but I have been on the waiting list since 2016. I know it was wrong [to occupy the flats] but I needed a place to stay,” he said. The occupants’ spokesperson Lungile Mtatiwane said they were saddened by the move. “We woke up with heavy hearts. They came and destroyed our things without warning us. The SABC is fighting us,” he said.

Community leader Neo Morweng said the occupants have lost their battle to occupy the flats.

“This shows that our political leaders lack the will to govern. We have witnessed these cruel evictions before, and we call on the Mafikeng local municipality to implement a serviced stands programme to help people who find themselves in similar situations,” he said.

He said Mahikeng has a lot of backroom dwellers and people who live in government-owned properties. .

The SABC was granted an order by the North West High Court to evict the occupants last month. The public broadcaster said it decided to dispose of 20 houses and 60 flats and some of its non-core assets as part of the turnaround strategy.

SABC corporate affairs and marketing manager Gugu Ntuli confirmed that the North West sheriff of the court executed the eviction order. She said the process of transferring the properties to new owners was under way and that they were trying to protect them from illegal occupation.

“The SABC is in the process of disposing all its non-core assets, the bulk of which are residential properties owned by the public broadcaster in various provinces, including the North West province,” she said.

Ntuli said the eviction came as a result of numerous court applications that were instituted by the illegal occupants in an attempt to halt the eviction process.


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 need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

City of Cape Town evicts homeless in District Six during massive operation

By | Eviction news, Evictions, Homeless

Reprinted from News 24, by Marvin Charles – 2021-09-20

The City of Cape Town has demolished several structures and tents occupied by homeless people on part of a stand earmarked for a land restitution settlement in District Six.

The evictions angered activists who say it forms part of a series of illegal evictions by the City. On Sunday a massive law enforcement operation was carried out, using trucks and cranes to remove the tents and personal belongings of homeless people who had been living there.

City Law Enforcement spokesperson Wayne Dyason said officers were enforcing the City’s by-laws.

“Law Enforcement confirms that the City’s Social Development Department offers assistance to help people get off the streets sustainably. The offer is to relocate them to one of the City’s Safe Spaces, or any night shelter. All people found on site are made this offer,” he said.

When asked whether the eviction was part of a court order, the City said it was carried out under its current by-laws.

In May the City urgently approached the Western Cape High Court for an interdict against people intending to illegally occupy the land, which is earmarked for District Six claimants who have waited decades for restitution after apartheid-era forced removals.

However, over the last few months tents were pitched at various open spaces in the CBD and surrounds.

Last month, law enforcement officers evicted 21 people living in tents and informal structures next to the Green Point Tennis Court. At the time Ndifuna Ukwazi said the eviction occurred without law enforcement officers producing a court order authorising the eviction.

Jared Sacks, a social justice activist, was at the site in District Six while Law Enforcement destroyed the structures, saying:

I noticed that there were more than 10 Law Enforcement vehicles present plus a number of other removal trucks. I noticed that Law Enforcement was overseeing an operation to remove people’s personal belongings from the property.

He added the residents told him they have nowhere else to go.

“The residents/occupiers confirmed to me that these tents and structures were their homes and that the removal of their tents, structures and other belongings meant that they’ve been rendered homeless,” Sacks added.

Homeless

Social development activist Lorenzo Davids said it was clear what the City’s intentions toward the homeless are.

“They harassed the homeless without a particular court order or instruction to legalise the operation. The City removed assets and people’s property. The harassment and illegal removal of people’s assets becomes problematic for the City’s treatment towards homeless.”


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 need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

Evicted Homeless People Hope to Overturn City of Cape Town Decision

Evicted Homeless People Hope to Overturn City of Cape Town Decision

By | Appeal of an eviction order, Eviction news, Homeless

Reprinted from EWN, by Kaylynn Palm – 2021-09-09

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

CAPE TOWN: Homeless people who set up tents near the Green Point Tennis Club are hoping for a positive outcome in court after they were forcibly removed.

Activist group Ndifuna Ukwazi is fighting on their behalf and has taken the City of Cape Town to court over the evictions.

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

Sitting outside her tent catching the morning sun next to the tennis courts, Jamie Lee Paulse on Wednesday said living at this site was peaceful until law enforcement moved in.

Now, they are on constant alert especially when marked official vehicles are parked opposite their tents.

She explained what happened recently when the cops moved in: “They took everyone’s stuff, I was fighting with them to get my tent back.”

The City of Cape Town maintains it acted within the law and that alternative accommodation has been offered.

But Paulse said she was not going to a shelter because after some time, they are expected to pay for a bed and questions where the money will come from.

“We don’t have work, where will we get R50 everyday? You must pay there.”

Attorney at Ndifuna Ukwazi, Jonty Cogger, explains why they’re challenging the city.

“They used a very obscure provisions of the street bylaw, which said that they are blocking pedestrian traffic to legitimise an illegal eviction.”

Judgment has been reserved.


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 need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

City of Cape Town accused of taking homeless people’s belongings