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eviction lawyer Archives | Page 5 of 10 | Eviction Lawyers South Africa

Confusion over sale of Walmer Estate land to private developer

By | Eviction news

Cape Town – Housing activists are confused about how public land in Walmer Estate, earmarked for affordable housing, was sold to a private developer to build luxury apartments.

The land, believed to be owned by the provincial department of human settlements, was disposed of in 2009.

However, the department launched an eviction order against residents illegally living on the property in 2012.

Reclaim the City’s Woodstock chapter leader Deena Bosch said: “We were told they cannot develop this property into affordable housing initially when we were fighting for housing in the area.

“Someone is lying to us because why would the provincial department launch an eviction order in 2012 if they were no longer the owners and when was this land sold?”

Bosch claimed the land was sold “quietly without any intent to provide any social housing”.

“How and when did the province dispose of this land? They are putting it into the hands of private developers and failing to provide inner-city affordable housing. Housing for the super-rich at R7 million on what was public land is criminal.”

In 2012, the department approached the court to evict a group of squatters on land it owns in Woodstock.

The department said in papers before the Western Cape High Court that the structure of the building on the property was not safe, and that it has been battling with the occupants since 2009. The building was constructed in 1930 and was deemed unfit for occupation in 2009 when the City issued a notice to the Human Settlements Department.

However, the department could not demolish the building as there were as many as 10 families residing on the land.

Heritage Western Cape was cited as a respondent because the Heritage Act provided that a structure might not be demolished without a permit if it was older than 60 years. The department had applied for such a permit.

Human Settlements MEC spokesperson Marcellino Martin said: “Our erf is 12698 and in February 2009 a submission was approved to sell the property to the Department of Rural Development and Land Reform.”

Martin said the department had made strides in moving residents closer to the city: “Project planning is currently under way at the proposed Salt River Market site, Artscape/Founders garden initiative, Helen Bowden/Somerset Hospital precinct and Woodstock Hospital redevelopment initiative. The Conradie Better Living Model Exemplar Project represents a well located, affordable, integrated, mixed income and mixed-use development.”

Reprinted from the Cape Argus – 2020-02-13

Emphasis/links by SD Law

Further reading:

If you need help with the eviction process

Simon Dippenaar & Associates, Inc. is a law firm in Cape Town, now operating in Gauteng and Durban, of specialised eviction attorneys, helping both landlords and tenants with the eviction process. Contact one of our eviction lawyers on +27 (0) 86 099 5146 or info@sdlaw.co.za if you need help with an eviction.

Mangaung municipality goes after defaulting tenants

By | Eviction news, Eviction notice, Evictions

Since November last year 112 accounts have been handed over to attorneys and defaulting tenants issued with letters of demand.

The Mangaung metropolitan municipality is going after non-paying tenants in residential flats and houses to try and recover monies owed to the municipality.

Operation Patala (Pay up) will focus on non-paying tenants in residential flats, sites that were never paid and reallocation of informal sites sold to non-qualifying beneficiaries.

“All non-paying tenants and those who are employed have been referred to the city’s attorneys (Ramothello Attorneys) to start with the eviction process. This will be dealt with on merit,” said municipal spokesperson Qondile Khedama.

He said unemployed tenants would be required to present proof and a plan will be made to accommodate them in alternative settlement sites owned by the city.

“There have been issues with non-paying tenants at Lourierpark flats over the years. All necessary steps to inform tenants have been taken,” said Khedama.

He said that there were also informal sites that were allocated to beneficiaries who sold them to non-qualifying beneficiaries or non-South Africans.

“We have embarked on the operation to take back these sites and allocate them to beneficiaries who are in real need of accommodation. Where the non-qualifying occupant has built a permanent structure, we make them offers to pay for land costs. Failure to pay will lead to eviction,” he added.

The first phase of the campaign started in November 2019 and since then 112 accounts have been handed over to Ramothello Attorneys and defaulting tenants issued with letters of demand.

The city will now embark on eviction applications in court.

“The campaign also seeks to recover monies from people who were sold sites in Bloemside in the 1990s. Most occupants never paid the land costs; some have built houses and others have sold the sites to third parties,” said Khedama.

Contact Eviction Lawyers in Cape Town and Johannesburg for help if you face eviction

*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 lawyers on 086 099 5146 or info@sdlaw.co.za if you have been evicted unlawfully or simply need advice on your situation.

Reprinted from The Citizen 2020-02-10

Emphasis/links by SD Law

Further reading:

Joy as rightful owners of Mamelodi flats move in after waiting years for homes

When and how you can evict a tenant

100 illegal flat invaders evicted from buildings

Mangaung collects

Farmworker’s widow, 62, evicted after 20 years ‘because owners said I was sick’

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

This story from the Cape Times highlights the plight of a farmworker’s widow evicted from her home of 20 years.

Cape Town – A 62-year-old Stellenbosch widow of a farmworker has been evicted from a farm she and her late husband lived on for about 20 years, according to farmworker rights group Women on Farms.

The move followed a lengthy legal battle by the farm owners of Goedvertrouw, who obtained an eviction order against Elizabeth Le Roux.

They said Le Roux flagrantly wasted water during a time of severe water restrictions and was often under the influence of alcohol.

Le Roux said she was not at home when she received a phone call that the owners of the farm broke her door and took her belongings on Tuesday.

“That was around 9 am, the farmer’s lawyer said the magistrate granted that I must be put out, because they said I was sick,” she said.

She spent the night alongside a road in Stellenbosch before moving in with a friend, said Women on Farms project’s Carmen Louw.

Louw claimed Le Roux’s belongings were dumped on the side of the road when she was evicted.

“This eviction needs to be seen in the context of a systematic process by farmers, especially in Stellenbosch, Simondium and Franschhoek, to evict farm workers and dwellers,” she said.

Louw said le Roux’s husband, Paulus le Roux, had worked on the farm for 20 years, and two days after he was buried in May 2016, the owners told her to vacate her house.

In court documents Le Roux was ordered to vacate the property by no later than June 30 last year.

Barend Kellerman, the legal representative of the farm owners, said Le Roux’s right of occupation was from her late husband’s employment on the farm.

“She alone occupied an entire house on the farm that was required for other employees. After many failed attempts to discuss the issues relating to her continued occupation of the farm, and after he (the farm owner) had allowed her to remain on the farm for almost a year, my client eventually gave her notice to vacate the property on March 9, 2017. 

“This was after she had failed to take him up on any of his invitations to negotiate the matter with him,” he said.

Stellenbosch Municipality spokesperson Mart-Marie Haasbroek said they were going to help Le Roux: “The municipality must provide emergency housing in cases like this and a team was sent to assist the resident. We are of providing her with emergency housing.”

Reprinted from the Cape Times – 2020-02-06

Contact Eviction Lawyers in Cape Town and Johannesburg for help if you face eviction

*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 lawyers on 086 099 5146 or info@sdlaw.co.za if you have been evicted unlawfully or simply need advice on your situation.

Further reading:

Farm evictions – a fair process

Family live on busy roadside for three weeks after eviction from wine farm

Evicted families stuck in Paarl caravan park for a year

Farm dwellers march against increase in evictions in Cape Town