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Eviction attorney Archives | Eviction Lawyers South Africa

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

Joburg pensioners sleep on street after being thrown out of flats

By | COVID 19, Eviction news, Eviction notice, Eviction orders, Homeless

(Photo: Bheki Simelane)

Edith Sihube, 73, points to her neighbours, where her belongings were being kept safe while she and her ailing husband looked after the rest. The Sihubes were evicted after illegally occupying a property since 2017.

A number of pensioners spent several nights out on the street last week after the City of Johannesburg ordered their eviction from a block of flats they had been illegally occupying since 2016.

Several elderly pensioners had to sleep on the street last week after they were evicted from the Fleurhof flats in Soweto they had called home for almost four years.

On Tuesday 25 August the sheriff along with the infamous Red Ants arrived at the flats and evicted about 100 people including pensioners and children. This, according to residents, was the second time the Red Ants had descended on the area in recent weeks, with an earlier eviction taking place on 12 August.

Illegal residents of Fleurhof flats, including many pensioners, spent at least one night on the street to protect what was left of their belongings after members of the Red Ants security evicted them. (Photo: Bheki Simelane)

“The operations were carried out by the sheriff of the court after the developer obtained the eviction order,” said City of Johannesburg spokesperson Nthatisi Modingoane.

“The first operation on 12 August had to be called off after there was a fatality, which is being investigated by the Independent Police Directorate (IPID). The second operation had to be undertaken to enforce the court order and make room for the units to be handed over to government for allocation of rightful beneficiaries.”

Members of the Red Ants Security play soccer on the property’s football pitch a day after they evicted illegal occupants. (Photo: Bheki Simelane)

According to the developer’s website, Fleurhof is a 440ha privately owned property in the process of being developed in partnership with the City of Johannesburg and is set to be one of the largest integrated housing developments in Gauteng. On completion, it will provide housing for an estimated 83,000 people.

Following the 12 August evictions, Human Settlements Minister Lindiwe Sisulu condemned illegal land invasions and said they were perpetrated by people who occupied the flats to strongarm the department to provide them with RDP houses on a preferential basis.

Edith Sihube, 73, told Daily Maverick that she had never had a problem since her arrival in the area in 2017. Sihube was in her house with her ailing husband and family when the Red Ants struck.

“They said nothing except to throw our belongings out,” she said.

Sihube’s ill husband was thrown out of bed, and pleas from Sihube to spare him were ignored. “They don’t want to hear anything, it’s impossible to reason with them,” she said.

Sihube said it was appalling that the very government that they have been voting for over the years was throwing them out on the street.

“When they want you to vote for them they take you to the polling stations, even when you are sick, but this is what we get in return.”

Tshidi Madisakwana, a Meadowlands Community Forum leader, who is also listed as the first respondent in the court order authorising the evictions, said the evictees had nowhere else to go as most had called the place home for almost four years, and some had children enrolled in schools in the area.

“This is a government that doesn’t care,” said Madisakwana.

Residents said they illegally occupied the flats in 2016, and that authorities had not removed them then because they wanted their votes.

“Now they feel it’s the ideal moment, one they think won’t influence our voting patterns. This government has no shame,” said Madisakwana.

Several of the people Daily Maverick spoke to said they were in possession of government C-forms. These forms are an indication that the person had applied for government housing and is on a waiting list. But many don’t believe such a list actually exists.

Said Madisakwana: “Many of those people are from Meadowlands. They have been patiently waiting for houses, but told they are not next in line despite being in possession of C-forms and some having registered in 1996.

“Now that they have thrown the people out, where do they expect them to go, because they have nowhere else to go?” asked Madisakwana.

Many residents stayed up the whole night looking after what was left of their belongings, claiming that several items had been stolen during their eviction.

Shadrack Moabi, 76, who suffers from malignant hypertension, said he arrived in the area in 2017 and had never had a problem until he was thrown out.

“They said nothing. They just tossed out my belongings,” said Moabi.

Moabi’s bed and TV were missing after the eviction, he said.

“Authorities promised us houses; instead, the little that we have is being stolen from us. How would that make you feel?” asked Moabi.

Another eviction victim, 73-year-old Francina Tabola, who also arrived in the area in 2017, said she no longer cared about voting for anyone after supporting the ANC all her life.

“What do I have to show for that, except for a meagre grant? My wish was to die in my own house.”

Tabola said a number of her possessions were stolen during the eviction, including blankets, a phone, a TV and an electric kettle.

“Can this government please come and help us. Why are my things missing?” she asked. When Tabola, who suffers from high blood pressure, spoke to Daily Maverick she had not eaten in 24 hours.

Asked why the flats had remained empty for so long, the City’s Modingoane said the site was still under development and had not yet been handed over to the government for allocation.

Asked where the people evicted should go, Modingoane said, “A court order does not put conditions on the developer. Illegal occupation is a crime and should not be seen as means to be rewarded.”

Modingoane said the eviction did not flout lockdown regulations as “different levels of lockdown come with a different set of rules. The court… take these regulations into account. A competent court of law arrived at a decision to grant an eviction order which got enforced by the sheriff of the court.”

Reprinted from Daily Maverick

Some links added 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 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:

No evictions or demolitions without a court order, judges rule

By | Eviction law case summaries, Eviction news, Eviction orders, Evictions

Reprinted from BizCommunity, by James Stent – 2020-08-27

The City of Cape Town’s Anti-Land Invasion Unit (ALIU) will not be allowed to evict people or demolish their structures, whether occupied or unoccupied, without a court order while the country remains in a state of national disaster.
Bulelani Qolani, who was evicted from his shack in July. The Western Cape High Court on Tuesday ruled that the City of Cape Town must have a court order to evict someone or demolish a home during the state of national disaster. Archive photo: James Stent / GroundUp

Bulelani Qolani, who was evicted from his shack in July. The Western Cape High Court on Tuesday ruled that the City of Cape Town must have a court order to evict someone or demolish a home during the state of national disaster. Archive photo: James Stent / GroundUp

Judges Shehnaz Meer and Rosheni Allie in the Western Cape High Court on Tuesday afternoon granted an interim relief stating that the City must have a court order to evict anyone or demolish a home.

The case was brought by the SA Human Rights Commission following a string of demolitions and evictions by the City of Cape Town in recently-occupied informal settlements. The removal of Bulelani Qolani from his shack by City officers while naked was widely covered in the media. Other respondents listed in the case included the Ministers of Human Settlements, Cooperative Governance and Traditional Affairs, and Police, and SAPS national commissioner.

Judges Meer and Allie also ordered that in cases where a court order is obtained for an eviction or demolition, the City must execute the order in a lawful and respectful manner that “upholds the dignity of the evicted persons”. They said the City is “expressly prohibited from using excessive force” and may not destroy or confiscate material belonging to those evicted.

The court has given the City a week to return “all building material and personal possessions” taken by the ALIU since 1 May and ordered that it pay R2,000 to the parties cited by the Economic Freedom Fighters in its submissions to the court.

The City was further interdicted from “considering, adjudicating and awarding” bids and tenders related to demolition services for the ALIU.

The court also instructed SAPS members present at a court-sanctioned demolition or eviction to ensure that the actions are being lawfully executed and to “protect the dignity of the persons evicted”.

Costs of the application will be shouldered by the City of Cape Town, except for the costs of the hearing of 25 July.

Mayor Dan Plato has said he has instructed the City’s lawyers to appeal the decision. He said that the judgment sets a dangerous precedent for all landowners. “If left unchallenged, the interdict would make it almost impossible for landowners to protect their property from unlawful occupation and to prevent people from establishing homes, albeit unlawfully, on the property of others. The knock-on effect of the large-scale orchestrated land invasions we have seen is simply devastating for Cape Town, its communities, residents in general and the City.”

In October, hearings will be held to determine whether or not the municipality has the authority to execute demolitions or evictions without a court order after the end of the state of national disaster.

This article was originally published on GroundUp.

Some links added 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 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: