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Eviction attorney Archives | Page 2 of 12 | Eviction Lawyers South Africa

Jun 23
0

SABC News exposé on land eviction yields positive results

By | Eviction news, Eviction orders, Evictions, Farm evictions

Image: Government-Flickr

The Department of Land Reform has now purchased a farm to develop for the displaced families.

The Department of Land Reform has successfully managed to acquire permanent accommodation for 12 families who were evicted by the owner of a farm near Ventersdorp in the North West.

The group – comprising of 51 members, including 20 children –  with all their belongings were evicted almost two months ago, and were forced to spend two nights on the street.

They are currently being accommodated in a community hall at Tshing township in Ventersdorp.

The plight of the families was exposed by SABC News two months ago. Since then, both national and provincial government authorities have intervened.

Efforts to secure permanent accommodation for them, seems to have yielded positive results.

The Department of Land Reform has managed to purchase a 205 hectare farm in Hartebeesfontein near Klerksdorp worth R1.4 million.

The Department’s Director for Tenure and Reforms, Richard Sebolai, explains: “We have identified a property by the name of Hartebeesfontein, it’s in extend of 205 hectares. We have already finalised all the processes of acquiring this property. We have signed sale agreements, we have submitted your guarantees to the conveyers who have been appointed by the owner of the property. Our branch special land use management have already drawn a plan which actually shows where the settlement is going to be.”

The provincial human settlements department is also on board. Its Chief Director, Tshepo Phetlhu, says they are assisting the affected families by building them temporary houses.

“We looked at our programme and we said let us assist the 12 families that are evicted through a programme called the emergency housing programme. To that end we then appointed service providers to do same, which as we speak the service providers are on site. They started to construct houses and we are hoping that they will conclude soon.”

Commitment to providing basic services

Matlosana Local Municipality Ward councillor, Mathapelo Seitisho, says her municipality will provide basic services to those relocated.

“We will just provide our community with water, sanitation and also electricity, because we are still using the temporary structures. Where there is a need for permanent structures, we will also be there,” says Seitisho.

Spokesperson for the evicted workers is 54-year-old, Julius Moeketsi.

He has expressed their gratitude for the intervention.

“I am very happy because that is what we really needed, as our living conditions in that hall are very bad particularly during this winter period.”

Government officials are optimistic that the relocation of these families will be completed late next month.

Reprinted from SABCNEWS (emphasis 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 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.

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Jun 18
0

Cape Town homeless share their COVID-19 pandemic stories

By | COVID 19, Eviction news, Homeless

It’s hard to believe that we have been living with COVID-19 and varying levels of lockdown restrictions for 15 months now. It has been a moment, and an eternity. Everyone has experienced challenges in some way, but arguably none more so than the homeless, a cohort that has grown in number over the past year. Tent cities have sprung up all over Cape Town. It is easy to turn away from marginalised people in our society, but this author has gathered the stories of some of the Cape Town homeless, both good and bad, and shared them in this article. To help others, we must first understand them.

Reprinted from IOL, by Carlos Mesquita – 2021-06-02

COLUMN: Carlos Mesquita writes that as we seem to be entering the third wave, he decided to let some other voices speak of their Covid-19 experience. Picture: Tracey Adams/African News Agency(ANA)

COLUMN: Carlos Mesquita writes that as we seem to be entering the third wave, he decided to let some other voices speak of their Covid-19 experience. Picture: Tracey Adams/African News Agency (ANA)

As we at our house grapple with possible eviction and as we seem to be entering the third wave, I decided to let some other voices speak of their Covid-19 experience.

But time has revealed that for those on the front-line, there is still uncertainty. At one point, it almost seemed as if Cape Town’s homeless crisis might be solved for good.

While most shelters obeyed the no-eviction policy during lockdown, some residents could not remain inside for the entire period.

“Behavioural issues, for example, meant that some were forced to return to the streets,” says an anonymous shelter assistant.

Nonetheless, many outcomes for homeless people from the Covid-19 lockdown have been positive.

Jason’s story: he has been homeless in Cape Town for six years, and was brought to the Safe Space shelter in Bellville at the start of the pandemic. After a couple of weeks he was moved into another shelter in Bellville. It was difficult to be around people who did not care about social distancing.

“I’m now around people that I can interact with and feel safe around but… it’s meant that people can’t really see their families, they can’t interact with friends.”

“Anyone who’s got half a brain can look around and see these people bending over backwards… so I think it would be wrong for anyone to ask anything more.”

Nandipha’s story: she became homeless in 2018 after difficult circumstances with her neighbour.

She was referred to The Haven who placed her into several different shelters during the time she was homeless. She has been living at the Culemborg Safe Space since Strandfontein closed.

She says: “I don’t know how long I’m going to be in here for.”

Alongside her anxieties about the virus, the lack of certainty in her living situation has had a negative impact on her.

Despite issues with her mental and physical health over lockdown, she claims she received no support from the Strandfontein staff or Culemborg team.

The “put everyone together” policy did not work at Strandfontein and doesn’t work at Culemburg.

There was a rape in Strandfontein and there have been stabbings at Culemborg. Nandipha says: “You can’t expect to put all these people in the same space and ask them to stay in the room, give them sub-standard food and expect nothing to happen.”

For Nandipha, housing is not the only way to resolve homelessness.

“You can’t just fix a person and put them in a home, I know that now from experiencing it myself… there has to be care packages put in place.”

“There’s no way in Cape Town you could ever starve because there’s that many charities trying to support homeless people… but come a pandemic and there’s not a homeless person in sight. They’ve managed to home every single person in some form… so how can you not do that in everyday life?”

Peter’s story: he has been living on the streets of Cape Town for the last two years, but has been homeless for 10 years, since a credit file error prevented him from accessing any funds or credit.

At the start of lockdown, he began a campaign called Suffering, arguing that while those who were visibly sleeping rough were quickly housed in temporary accommodation, many like him who slept at the station, were forgotten.

He suggests while it might appear to be better inside than where many homeless people were before, “it’s just a different set of problems”.

“The huge advantage is getting up in the morning and being able to walk four steps, turn on the shower and grab a shower whenever you want.

“Normally if I want to have a shower, that requires a hell of a lot of co-ordination. It is the minuscule things that people take for granted if you have a house that are the big changes for a homeless person… This was just back to normality for me.

“The government took the credit for solving the problem, as they put it, but actually nothing that the government did or the major charities did, did anything to solve the problem.”

In fact, “the people who rose to the challenge were the grassroots organisations”.

* Carlos Mesquita and a handful of others formed HAC (the Homeless Action Committee) that lobbies for the rights of the homeless. He also manages Our House in Oranjezicht, which is powered by the Community Chest.

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

May 03
24

PIE and Airbnb or guest houses – eviction rights and wrongs

By | Evictions, PIE

PIE & Airbnb – are your guests protected?

 

What happens when guests book into an Airbnb property or a guest house and then refuse to leave? This happens more often than you might think, especially with Airbnb lets, because the hosts are usually ordinary homeowners with a bit of extra space, which they let out to supplement their income. Airbnb is built on the premise of the “sharing economy”, where people share underused assets for cash. The sharing economy is based on a peer-to-peer business model rather than a conventional commercial paradigm. Because most Airbnb hosts are not professional landlords, guests may take advantage of the more relaxed relationship. This happens particularly when a property owner rents out a home that is not occupied. This occurred when a group of activists outstayed their rental period in a Camps Bay mansion last year. 

Evictions under lockdown

The past year has been unusual…some would say unprecedented. We have been living under a national state of disaster, of varying levels, which has impacted on normal policies and procedures. Under Alert Levels 5 and 4, no evictions were permitted. Under the first round of Level 3, a court could grant an eviction order if it was just an equitable, but even then it would be “stayed” until  after the national state of disaster was lifted, or such time as the rules allowed. Under Alert Level 1, the courts could grant an eviction order, allowing tenants a reasonable time frame to find alternative accommodation and vacate the property. Landlords had a duty to prove the eviction was just and equitable.

Then we found ourselves back in Alert Level 3 – “adjusted”. Under these rules, evictions were once again being granted but not executed, but the court would allow an eviction if it believed it was not just or equitable to suspend or stay the order. This might occur if, for example, an occupier was causing harm to others or posing a threat to life, or if the party applying for the order had taken reasonable steps in good faith to make alternative arrangements with all affected persons.

Alert Level 1 – adjusted

We are now, at time of writing, living under an adjusted Alert Level 1. The prohibition against eviction remains. In the words of the Disaster Management Act Regulations: “A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.” However, the Act goes on to cite a range of conditions that must be met in order for an eviction order to be executed, reflecting the circumstances that existed during Alert Level 1 the first time round.

PIE & Airbnb: what does this mean for Airbnb hosts and guest house proprietors?

Amidst the ever-evolving regulations and the general confusion that prevails regarding rental housing and many other aspects of life under lockdown, it’s not surprising that some guests are taking their hosts for a ride. They claim protection not only under the Disaster Management Act but also under the Prevention of Illegal Eviction Act – PIE.

However, PIE does not apply to guest houses, hostels or Airbnb premises. A case appeared before the Western Cape High Court 10 years ago – Yussuf and Another v Ye Khan Investments CC and Another. Applicants claimed that the premises they occupied constituted a hostel and not a guest house, and they were entitled to protection from eviction.

The judge found for the respondents, saying that the PIE Act “…was passed to provide some protection to squatters and other persons who were occupying land or premises unlawfully and without any leases because they were desperate and had no other form of shelter or home.” A guest house does not qualify for protection in terms of the PIE Act because “…occupants in a guest house are occupying the premises for a fixed period of time with the express consent of the owner or the person in charge of the premises. This is a commercial property, like a hotel, which provides for short-term occupation of persons who are visitors and not to persons who are long-term occupiers of land or property because they have nowhere else to live.” 

Protection for destitute persons

The judge continued, “I also do not accept that there is a difference between a ‘guest house’ and a ‘hostel’ which would render the latter susceptible to the provisions of the Pie Act, but not the former…That is not the purpose of the Act or the Constitution which provides protection to persons who are destitute and have taken refuge in some or other property because they have nowhere to live. The Act cannot be applicable to persons who move into a guest house or hotel.”

PIE & Airbnb – is it different from a guest house?

Airbnb was founded in 2008 but did not arrive in South Africa until 2010. At the time of the judgment referred to above,  Airbnb was not a significant player in the accommodation industry and did not merit a mention in the case. However, despite being untested in case law, Airbnb functions as a guest house or hotel for its users and is usually chosen as an alternative to these types of traveller accommodation. Therefore, it is hard to imagine an Airbnb guest being treated any differently in law to a guest house or hotel guest.

Get professional help from a leading eviction attorney in Cape Town

If you are an Airbnb host or guest house/hotel proprietor with a guest who won’t leave when they are due to check out, give eviction attorney Simon Dippenaar a call or send a WhatsApp to 086 099 5146. SD Law is Cape Town law firm with expertise in property matters including rental housing, eviction and conveyancing. We can help you resolve your eviction case swiftly and legally. You can also email Simon at sdippenaar@sdlaw.co.za.

Further reading