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
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