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eviction attorney south africa Archives | Eviction Lawyers South Africa

Mar 17
0

Communicare tenants in Thornton flats face eviction today

By | Eviction news, Eviction notice, Eviction orders, Evictions, Rent
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)

Cape Town – Despite their efforts, 11 families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday.

The tenants had approached the court to prevent Communicare from evicting them and others at various properties.

They also asked for the suspension of the chairperson, for a forensic audit into the institution’s affairs, and for an order preventing Communicare from transferring assets to its subsidiary, Good Find Properties.

The tenants said they were being forced to sign new leases with Good Find Properties at prices they could not afford.

The Western Cape High Court had granted Communicare an eviction order in November.

“Advocate Dondolo reported to the assembly outside the Cape High Court that the Albatross file was stolen from the High Court Archives.

’’At the beginning of the court proceedings,the clerk of the court informed the court judge that the content of the file had disappeared,” the Communicare Tenant Beneficiaries said.

“This exposes the 11 families at Albatross flats in Thornton to being evicted by Communicare on Monday (today). Communicare has been trying to evict our tenants since August 2019.

’’Advocate Mbenyane will reinstate the Albatross case and will request an inquiry at the high court as to the reasons for the Albatross file being stolen,” they added.

Communicare said the attorneys representing the tenants had not shown up.

“The applicants and their attorneys did not pitch for court so the matter was struck off the roll. The eviction order stands for the sheriff to execute,” said the stakeholder relations officer at Communicare, Megan Lennert.

Last week Communicare announced it would be selling all its Ruyterwacht properties.

This was not received well by tenants who say they want the title deeds, accusing the organisation of trying to make a profit from assets.

In an open letter to Communicare, tenant and chairperson of the Ruyterwacht Community Association Mandisa Zamile said: “We, the Communicare Tenant Beneficiaries from Ruyterwacht, reject the unlawful sales offer to buy the social housing rental stock in Ruyterwacht.

“We know, unless you can prove otherwise, that during apartheid years, Communicare illegally grabbed the social housing rental stock and land from the apartheid social housing agency called the Citizens Housing League.”

Communicare said it was the legal owner of the property and the sales would go ahead.

Reprinted from IOL some links added by SD Law

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 on0860995146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

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Feb 22
1

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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Oct 13
0

Observatory tent dwellers win anti-eviction case

By | Eviction news, Evictions, Rental Housing Act

Reprinted from the Cape Argus, by Sisonke Mlamla – 2020-10-08

 

The City has been prohibited from interfering with the tent dwellers living on the pavement in Observatory in front of Arcadia Place. Picture: Sisonke Mlamla/Cape Argus
Picture: Sisonke Mlamla/Cape ArgusCape Town – The City has been prohibited from interfering with the tent dwellers living on the pavement in Observatory in front of Arcadia Place, a building opposite Pick n Pay and KFC.

The group of occupiers, calling themselves Singabalapha (We Belong Here), won an anti-eviction case in the Cape High Court against the City on Tuesday, where the City was ordered to refrain from confiscating personal property and belongings.

The court ordered the City to also refrain from harassing or abusing the residents of Singabalapha and evicting them without an order of court.

The judgment stated that it was clear that the action of the City against the residents took place over a period, and to make matters worse, the action took place during the Covid-19 pandemic, under a State of Disaster.“

During this period, for obvious reasons, evictions were initially prohibited, but later, particularly during the May operations, courts were allowed to issue eviction orders, but such orders were stayed and suspended until the last day of alert level 4, which was applicable at the time.”

Safety and security executive director Richard Bosman said the City had received the judgment and had noted it. “The matter is receiving attention and consideration.”

Singabalapha chairperson Barbara Vuza said the past year had been hell. Not just because of Covid-19, but also because their struggle against the unjust eviction from Arcadia Place, an old-age home, exactly one year ago had forced them on to the streets, where they had to build their homes on the grass and live in constant fear of harassment and victimisation at the hands of the City’s Law Enforcement.

Vuza said they stood strong against the odds, despite the government’s refusal to provide them with basic services like water, electricity, and ablution facilities.

One of the occupiers, Sinazo Jordan, said the court came to the decision that the City could not use its by-laws to circumvent the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Jordan said that in the judgment, Acting Judge Selwyn Hockey noted that their advocate, Zeynab Titus, “correctly argue(s) that the City is using the street by-laws as a quick fix to persistently harass the residents so they will eventually succumb to the pressure and vacate the settlement”.

Their legal representative, Lucien Lewin, said he was extremely satisfied with the judgment granted.