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Eviction attorney Archives | 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 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 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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Landlord of Parkview Units wants to evict 300 former Schubart Park residents

By | Eviction news, Eviction notice, Eviction orders, Evictions, Lease Agreement, Rent
A file picture of the Schubart Park complex. Picture: African News Agency (ANA)
A file picture of the Schubart Park complex. Picture: African News Agency (ANA)

Pretoria – The landlord of Parkview Units ‒ one of three housing complexes which have been accommodating former Schubart Park residents ‒ wants to evict the more than 300 people staying there.

At the centre of the storm is the reluctance by the City of Tshwane to increase the rent. It was also said that some residents were totally out of hand and vandalising the building.

The buildings have reportedly been vandalised to such an extent that it is becoming inhabitable and dangerous.

Singyung Investments turned to the Gauteng High Court, Pretoria, asking for an order that the City relocated the residents and that they, as the landlord, may evict the residents. The application is due to be heard this week.

According to the landlord, the agreement it reached with the City to house the Schubart Park residents, has long ago lapsed. The building owners said they were unable to manage the residents.

The company accused the residents of coming and going as they pleased, and that it was not clear who was legally there as part of the initial Schubart Park group, and who had simply moved in over the years.

It has meanwhile emerged from court papers that the City ‒ as per monthly invoice from the landlord ‒ is paying the landlord about R1 700 a month in rent per person staying there.

This is despite the uncertainty of how many of the original Schubart Park group are still staying there and whether the City is subsidising unknown people.

In an affidavit filed by the City, it emerged that for example, the invoice it received from the landlord for November 2019 was for 373 people. That month alone, the metro had to fork out R634 000 as well as R22 600 for security services.

While the landlord wants to get rid of the people, the City is opposing this, saying there is a tripartite agreement in place which the landlord must honour.

Singyung Investments is disputing this and said it is unable to manage the unruly elements. The City, in its papers, said as landlord the applicant was obliged to manage the building, including access control and other identifying measures to ensure that there were no illegal occupants.

The former Schubart Park residents were relocated to, among others, the Parkview Units after the four Schubart park buildings in the CBD became uninhabitable.

The buildings were hijacked by unauthorised people and a fire broke out. As it was too dangerous for them to continue living there, the City negotiated with the Schubart Park Residents Association to temporarily relocate them.

The City has, however, over the years, not yet refurbished the damaged buildings and it is unknown what will happen with the buildings, and when, or if, the residents will be able to move back.

Hercules Bye, who represents the landlord, said in an affidavit, it has become extremely difficult to control or identify the occupants, as they fluctuated and changed on a daily basis.

He said the vandalism was costing them a lot of money, and the rent the City is paying ‒ and refusing to increase ‒ is barely covering the running costs.

According to him, the initial agreement between the landlord and the City has in any way lapsed, which renders the occupying of the building by these residents unlawful.

But Simon Sithole of the City’s legal department said there is a tripartite lease agreement in place, which the landlord must honour.

He said issues regarding access to and control of the building formed part of the agreement as the City made it clear that it is not in a position to manage the building. Thus, he said, the landlord must keep tabs on who leaves and who stays in the building.

Sithole said the City cannot be blamed for the problems at the building, as it is paying the invoices in accordance with the lease agreement. As there is an agreement in place, the landlord also cannot evict the residents, he said.

Reprinted from IOL by Zelda Venter

Simon Dippenaar & Associates Inc. is a law firm in Cape Town, Johannesburg and Durban, offering highly specialised eviction services to landlords, property agents, and investors. Our eviction lawyers represent legal interests with uncompromising dignity. For more on how to legally evict a tenant, click here. Contact one of our Cape Town lawyers, or other partners across South Africa, by calling 086 099 5146, or 076 116 0623, or email simon@sdlaw.co.za.

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CAMPS BAY MANSION OCCUPIERS SERVED WITH EVICTION ORDER

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

The seven activists legally booked the house more than a week ago but have overstayed their welcome.

Image 123rf.com

CAPE TOWN – A group of activists illegally occupying a mansion in Camps Bay have been served with an eviction order.

The seven activists legally booked the house more than a week ago but have overstayed their welcome.

They only paid for a weekend.

Turnkey Property Management group said that it had been left with no other option but to take legal action.

The property management company had given the activists a chance to leave the house but they wouldn’t budge and pushed ahead with their protest.

Law professor, Elmien du Plessis said that before the COVID-19 lockdown under the Prevention of Illegal Evictions Act, homeowners had to first go to court then only would an eviction order be granted if deemed justifiable.

But under the state of disaster, she said that things worked differently now.

“The court will decide whether the people can be evicted and if the court says that it is just and equitable, then the court will give a date on which the people must leave the premises. That date, because of the regulations, may be suspended until after the state of disaster.”

Du Plessis said that it would be interesting to see in this case where people had rented holiday accommodation through Airbnb, if they would be deemed “illegal occupiers” in terms of the legislation.

Meanwhile, UWC land expert, Professor Ruth Hall said that under level 3, landlords or property owners could apply for eviction orders but it could not be enforced but now people could be evicted.

She added that one did not usually see this type of occupation.

“This eviction can be enforced, so this means that if a court order is made for the eviction of this group, it will be legal for them to be evicted.”

Contact us

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.

Reprinted from EWN by Kaylynn Palm

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UPDATE:

Camps Bay collective rejects housing assistance as eviction deadline looms