Tag

eviction attorneys Archives | Eviction Lawyers South Africa

Methodist Church preparing court order to remove refugees amid health, safety concerns

By | Eviction news

 A general view of refugees at the Central Methodist Church in Greenmarket Square.

A general view of refugees at the Central Methodist Church in Greenmarket Square. (Photo by Gallo Images/ Brenton Geach)

The Methodist Church of Southern Africa is in the process of bringing an eviction order against hundreds of refugees, who have been living in its Central Methodist Mission in Cape Town since last year, on the grounds of health and safety.”The grounds are what we’ve been saying all along – it’s been a health and safety risk from the beginning, which I mentioned when people were already there,” said Reverend Alan Storey.He added the safe space was no longer a safe space due to the risks, and the church would be defeating its original offer and intention – of safety – to let the group stay.Storey said the risk of Covid-19 had brought an additional sense of urgency, but they were not doing it just to clear out the church.Leadership dispute

He added there were children who have not been outside the church on Greenmarket Square since December 29, when a leadership dispute split the group in two – with one inside and another outside the church.

A note has also been put up outside the church recently by the group to ask tourists not to enter as they have usually done as Covid-19 measures are in place.

On Sunday, President Cyril Ramaphosa announced the declaration of a national state of disaster, and measures include limiting public gatherings to 100 people.

Religious institutions have announced the postponement of planned mass gatherings, and changed the way prayers are offered.

One of the leaders of the “inside” group at the Central Methodist Mission, JP Balous, appeared in the Cape Town Magistrate’s Court on Thursday and his case was postponed to 30 March, according to Western Cape National Prosecuting Authority spokesperson Eric Ntabazalila.

Balous was arrested for the alleged intimidation of SA Human Rights Commission commissioner Chris Nissen, and also on an unrelated assault case. During an appearance on 7 March pandemonium ensued during court proceedings.

Storey said he had spoken to the leader of the “inside” group, Aline Bukuru, to express his concern over the health and safety of the group, which includes at least 50 small children.

Fire hazard

“We forget that it [the cramped living conditions] is a complete fire hazard.”

The group originally camped out at the Waldorf Arcade where the UN High Commissioner for Refugee’s office is based to demand relocation to a third country, citing xenophobia.

They were removed by the police at the end of October last year who used water cannons and stun grenades. Thereafter, Storey offered them shelter as they wandered around Greenmarket Square in a daze with their luggage.

They have been told it is not possible as a group to be relocated, and must apply individually.

The “outside” group eventually decamped to a site opposite the Cape Town Central police station after being removed by law enforcement invoking by-laws against living and cooking on the pavements around the church.

Parliament’s Portfolio Committee on Home Affairs has asked for feedback on what the department and City of Cape Town intend doing about the situation.

Storey said lawyers were still working on the application, and he did not have a court date yet.

In a church notice, also announcing there would be no services due to Covid-19, he wrote: “In closing, I have a great concern about the refugees in the CMM sanctuary…

“… They are attempting to practice frequent hand washing, etc. But the truth is the conditions inside the sanctuary are ripe for a virus of any sort to spread, let alone the highly contagious coronavirus. As a result, our legal processes are addressing this matter with increased urgency.”

Source: News24 (emphasis by SD Law*)

* SD Law is a Cape Town law firm of specialist eviction lawyers. Our eviction attorneys also help landlords and tenants in Johannesburg and Durban with the eviction process. Contact us today for legal help with evicting a tenant, or to defend a tenant from an illegal eviction.

Further reading:

‘I would like to die here’

By | Eviction news, Evictions

The fight over a piece of land in Noordhoek has lasted 13 years, and still there seems to be no end in sight.

Several families who have lived on the corner of Noordhoek Main Road and Kenali Close for generations are at loggerheads with the current property owner, Judy Sole.

The families, who say they have been living on the property since even before 1950, claim they made verbal agreements with the previous owner, Japie De Villiers, to live on parts of the farm. When De Villiers died, they continued to reside on the plot.

According to Sole she bought the 1.45 hectare property in 2006. It was on auction for R3.1 million.

She says she notified the residents that they would have to move out in 2016 but received no response from them until she served them with the official notice of eviction.

The residents allegedly appealed the eviction under the Prevention of Illegal Eviction (PIE) Act, and later argued that their residence on the property was covered by the Extension of Security of Tenure Act (ESTA). ESTA deals with the eviction of residents illegally residing on rural or peri-urban land.

According to ESTA, long-term occupiers (those persons who have resided on a farm for more than 10 years and are over 60 years of age) cannot be evicted. This applies to those who cannot provide labour to a land owner as a result of ill health, disability or injury. The court case is still unresolved.

Cecil Morkel lives with his family in one part of the old main building on the farm. It was built around 1927.

In terms of ESTA, a person who has an income in excess of the prescribed amount of R5 000 can be evicted.

Morkel says he only has a part-time job, which does not bring in much money.

Another resident, Walter Sampson, lives in an informal home put up on the property after the building he occupied collapsed. He says he has lived there all his life. “I was born here – at False Bay Hospital – and I’ve always lived here,” says the 50-year-old.

He works one day a week in Kommetjie.

His daughter, Berendine, lives with him. For a small income, she takes care of a child belonging to one of the residents during the day and sells fire wood. She says the farm is the only home she’s ever known.

“I would like to die on this farm. My grandparents died here and all of us were born here – my kids were also born here.”

Residents say, if Sole were to offer them alternative living arrangements, they would be open to it provided it would be in Noordhoek.

But Chris Middelbrook, an attorney representing one of the residents, says relocation will probably result in them being moved to Ocean View, Blikkiesdorp, Delft or Wolwerivier.

Berendine says none of them would like to move to any of these locations as the Noordhoek community is all they know and the farm is where they make their living.

Marilyn Morkel and Kathy Liell-Cock were offered monetary compensation to leave. Morkel took the option several years ago, but according to her daughter, Micheala Jaftha (who still lives on the farm), her mother was never paid in full.

“The deal was that Marilyn and her whole household were to leave. So I paid her half of the money and only she left. The rest of them are still there,” says Sole.

She says all of the other residents have agreed to leave, except Morkel’s family and the Sampson family. The next court date is set for later this month.

Source: Peoples Post posted by News24 (emphasis by SD Law*)

*SD Law is a law firm of eviction lawyers, based in Cape Town, offering legal eviction services across South Africa, including eviction lawyers in Johannesburg and eviction lawyers in Durban. Our specialist eviction attorneys offer landlord and tenants advice and representation on the eviction process, eviction notices, and how to evict a tenant.

Recommended reading:

Glen Marikana residents ready for their first day of relocation

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

Current structures that will be left behind after the relocation will be destroyed by the City.

eviction notice eviction lawyers

Residents of Glen Marikana Informal Settlement will be relocated to a new site in Putfontein as from today [Monday, 24 Feb].

This follows an eviction order granted by the Johannesburg High Court in November 2018, instructing the City of Ekurhuleni to seek an alternative residential site for the close to 3 000 residents who had illegally occupied private land on Dann Road in Glen Marais since 2017.

Member of Mayoral Committee (MMC) for Human Settlements, Clr Lesiba Mpya, announced the relocation date during a meeting with the affected households recently.

“Our role as a responsible government is to comply with the court order and move our people to a safe and secure place. We are currently engaged in a verification process to ensure that every occupant’s name is the one that appears in the court order,” Mpya  said.

The MMC also said work began in earnest in reblocking the new site so that when the new occupants arrive, they have access roads and stand pipes, including ablution facilities.

“We will provide transportation for the residents to make sure they settle well at their new site which they would call home,” he said.

Current structures that will be left behind after the relocation will be destroyed by the City.

Samuel Motshali, one of those affected dwellers, said: “I am originally from Limpopo and I have been here for the past three years after losing my job and couldn’t afford to pay rent.”

Community leader Kwena Monama said people would start packing their belonging on Saturday in readiness for the relocation on Monday.

“We are constantly communicating with the MMC’s office and we are ready to be moved to our new site,” he said.

Reprinted from Kempton Express – 2020-02-24. Emphasis/links by SD Law.

If you need help with an eviction matter…

We are eviction lawyers in Cape Town and Johannesburg. We act for both landlords and tenants and uphold the rights of each to a fair and satisfactory tenancy. If you are a landlord, we will make sure any eviction you undertake is fair and lawful. If you are a tenant and facing an unfair eviction, we will defend your rights. Contact Simon at Cape Town Eviction Attorneys on 086 099 5146 or email sdippenaar@sdlaw.co.za.

Further reading: