lockdown Archives

Apr 13

‘CoCT acting on land invasion, NOT evicting people during lockdown’

By Eviction Lawyers South Africa | Eviction news

12 April 2020 10:49 AM

The City of Cape Town vehemently denies it is contravening lockdown regulations, after the Social Justice Coalition (SJC) on Saturday posted footage of law enforcement officials removing people from a piece of land in Makhaza, Khayelitsha.

In an article by GroundUp, published on News24, a community leader says former backyarders moved onto the land in desperation because they can’t pay rent, with lockdown restricting the ways they used to earn a living.

SJC general secretary Axolile Notywala maintains that officials did not identify themselves and that the City does not have a court order for the removals.

Notywala also posted a video which he says shows himself and another man being pepper sprayed inside a van after their arrest.

According to the law they must speak to residents and tell them to remove the structures that they say were unfinished, although some people had been living there for quite some time now… A number of people started staying there late last year in September… a number said they had been there for about two weeks now…
— Axolile Notywala, General secretary – Social Justice Coalition

While they were telling residents to go into their homes and stay there Notywala says, the City’s law enforcement officers arrived and went straight ahead with demolishing the structures.

He draws a distinction between what’s legally defined as unlawful occupiers and the term “illegal“.

What is illegal in terms of the PIE Act is an eviction that is done without a court order, and in our understanding the City has an interdict and has used interdicts in many evictions. The City is supposed to protect its own land and apparently this interdict is from 2018 and so a lot of people wouldn’t even know about that.
— Axolile Notywala, General secretary – Social Justice Coalition

They should stop saying that people are illegally invading – people are unlawfully occupying land, that’s what the law says.
— Axolile Notywala, General secretary – Social Justice Coalition

In our view, the people that were breaking the law were the City of Cape Town’s law enforcement officers. We have never encouraged people to occupy land. What we’re saying is that if and when that happens, everyone must follow the law.
— Axolile Notywala, General secretary – Social Justice Coalition

Responding to the allegations, Mayco Member for Human Settlements Malusi Booi vehemently denies the SJC’s assertion that some people had been on the land since 2019, saying they occupied the land on Wednesday.

He notes there is a moratorium on evictions during the lockdown period but not on action over land invasions.

That’s why even the High Court in Durban has also given the Ethekweni municipality the right to go and remove illegal structures. We are working within the parameters of the law
— Malusi Booi, Mayco Member for Human Settlements – CoCT

These people are the ones who are contravening the law because they were supposed to stay where they were up until the lockdown is lifted… They invaded the land this week, during the lockdown period.
— Malusi Booi, Mayco Member for Human Settlements – CoCT

The landlords are the ones evicting people. The City of Cape Town is not evicting people… They [landlords] are the ones who are in the wrong. Now they’ve led people to contravene the law.
— Malusi Booi, Mayco Member for Human Settlements – CoCT

They [backyarders] must indicate to us as government who is evicting them so that action can be taken against those people… Evictions are prohibited.
— Malusi Booi, Mayco Member for Human Settlements – CoCT

Booi, Mayco says the City is removing the structures and people will have to go back to where they were living.

He adds that the City is busy with discussions at various levels to address overcrowding.

Listen to the two arguments in the audio below:

This article first appeared on CapeTalk : [VIDEO] ‘CoCT acting on land invasion, NOT evicting people during lockdown’

Source: 702 (emphasis by SD Law*)

* SD Law, aka Simon Dippenaar & Associates Inc., is a law firm, operating nation wide, of specialised eviction attorneys. Contact SD Law for help with the eviction process, eviction notices, evicting a tenant, or defending against an illegal eviction.

Apr 09

Covid-19: Shackdwellers lose court case to stop demolitions

By Eviction Lawyers South Africa | Eviction news

The Durban High Court dismissed Abahlali baseMjondolo’s application to interdict the City from continuing with ongoing shack demolitions in Ekuphumeleleni and Azania Informal Settlemnets. Photo: Nokulunga Majola

Covid-19 does not mean that there must be a holiday in respecting the laws of the country, says Durban mayor.

First published by GroundUp

Shackdweller movement Abahlali baseMjondolo failed to secure an interdict against the Ethekwini Municipality to stop what it says are illegal evictions.

Abahlali went to the Durban High Court on Tuesday saying the City had violently evicted residents of Ekuphumeleleni in Marianhill and Azania in Cato Manor.

The Covid-19 lockdown regulations put a halt to any evictions even if there is a court order. However, the City is still empowered to halt “land invasions” and to demolish “unoccupied shacks”, which is what the City’s land invasion unit claims it was doing when it destroyed shacks in the two settlements.

But Abahlali says this is the City’s “routine response”, and over the years the movement has won numerous cases by collecting detailed evidence in the form of photographs and affidavits proving long term residence in shacks that were demolished.

According to the movement, on Monday Judge Mohini Moodley asked both parties to discuss the matter and find solutions on their own.

Abahlali wanted to rebuild shacks. The City refused. It offered alternative accommodation in emergency camps set up for homeless people during the lockdown.

But Abahlali movement said its members did not want to be moved to camps as there was no guarantee that they would be able to return to the land where they are part of a community, and close to their employment and the schools their children attend.

They were also worried about conditions in the camps, including the difficulty of social distancing and the high percentage of people with serious untreated addiction issues.

“Some of the women who had been evicted did not feel that these camps would be safe for them and their children,” said Abahlali’s deputy president Mqapheli Bonono in a statement.

Abahlali’s legal team argued that the City’s own evidence showed that shacks were occupied prior to the evictions: “The photographs that we have shared of the evictions, which can be seen on our Facebook page, clearly show beds, mattresses, other furniture and a fridge amidst the remains of the shacks that were destroyed.”

However, Judge Moodley was not convinced.

Mayor Mxolisi Kaunda said the matter was “ laden with disinformation aimed at ruining the City’s image”.

“Covid-19 does not mean that there must be a holiday in respecting the laws of the country … We are a caring municipality and have mobilised resources to provide shelter to more than 4,000 homeless people.”

“Over and above that, we have ensured that we meet the needs of our residents living in informal settlements, hostels and transit camps to protect them against contracting this lethal virus. Why would we demolish shacks that are occupied by the poorest of the poor?” said Kaunda.

“People are really scared,” said Bonono. “They don’t know what will happen tonight, tomorrow or the next day. We all fear that there will be more violence. The situation in which we have suddenly found ourselves in is very uncertain. In this lockdown, we cannot use the streets or the courts in the way that we have done so successfully during 15 years of struggle against evictions.”

“State violence and evictions became particularly urgent during this time of worldwide health crisis in which impoverished people are most at risk,” he said. DM (emphasis by SD Law*)

* SD Law aka Simon Dippenaar & Associates Inc., is a law firm of specialised eviction lawyers in Durban, Cape Town and Johannesburg. Contact one of our professional eviction lawyers for help with the eviction process.

Time to hit the “pause” button on evictions?

By Eviction Lawyers South Africa | COVID 19, Eviction news, Eviction notice, Evictions

Elsewhere in the world legislation is ensuring tenants don’t lose their homes due to COVID 19.

Time to hit the "pause" button on evictions. Eviction Lawyers

As if we didn’t have enough to worry about. COVID 19 is making everyone anxious for their health. Although the vast majority of patients recover, in South Africa we have a very vulnerable population and a weak health system, so widespread infection will wreak havoc in families and communities. Furthermore, those who have recovered describe the illness as extremely unpleasant, leaving them very weak for a considerable time. It’s to be avoided at all costs, hence the severe restrictions we are all living under and the lockdown that we are about to begin.

Beyond the literal threat the virus presents to health, up and down the country businesses have been closing, particularly in hospitality, and now all activities but essential services must cease while we all stay indoors for three weeks. If employers can’t afford to pay wages, employees will be sent home with no income. How, then, are they meant to pay their bills, including rent?

Some lenience on loan re-payments

As of 23 March, all the major banks have announced some provision for hardship caused by COVID 19. Standard Bank has announced a three-month payment holiday for small businesses with a turnover of less than R20 million, and for full-time students with student loans, to start on 1 April and run until 30 June. For other loans, including mortgage bonds, customers are urged to contact the bank. The other major banks are also assessing the situation and either inviting customers to contact them individually or waiting to see if they need to take more radical steps.

What about tenants?

Homeowners with bonds can hopefully expect some mercy, but what about tenants with rent to pay? In places where the pandemic has a tighter grip, legislative measures have been put in place to protect renters. Around the world, cities in the US and countries including Spain have temporarily halted evictions in response to the COVID 19 pandemic.

In England and Wales, the Housing Secretary has said, “Emergency legislation will be taken forward as an urgent priority so that landlords will not be able to start proceedings to evict tenants for at least a three-month period.” Up in Scotland, similar action is proposed. The Housing Minister said, “No landlord should evict a tenant because they have suffered financial hardship due to coronavirus and we are actively considering how best this can be addressed.”

A spokesperson for a tenants’ association said: “Up and down Scotland, tenants are facing not just a major health crisis, but the prospect of destitution and homelessness too. As their workplaces begin to shut their doors, it is hard to see how tenants who are already struggling to make ends meet will be able to pay their rent. It is unconscionable that anyone should even have to worry about being evicted from their home at this time.”

The situation here in South Africa is similar, and arguably will be worse, given our levels of poverty and disadvantage. At SD Law we support the 31 NGOs who have come together to appeal to President Cyril Ramaphosa, his Cabinet and Chief Justice Mogoeng Mogoeng to follow in the footsteps of our international counterparts and forbid evictions during the current crisis. After all, in a lockdown, it makes no sense at all to put people out on the streets.

Stop the “ejectment” if not the eviction

We understand that there may be situations where the eviction is not only legitimate, but long overdue. Perhaps a tenant has significant arrears with rent or has damaged the property. We’re not advocating for the entire eviction process to be overturned in these circumstances. A fair and just procedure can be resumed in due course, when life returns to normal. But this is not the time to execute a warrant of ejectment, i.e. to put the tenant out.

Look after good tenants

We would also urge landlords to exercise leniency in the case of good tenants who suddenly cannot pay their rent because they have lost their jobs or income due to COVID 19. If a tenant has a history of timely payments and full compliance with the terms of the lease, they should be treated compassionately and a repayment plan worked out when the crisis is past.

From a purely commercial perspective, even if the appeal to our shared humanity is in vain, evicting a good tenant because they can’t pay their rent is unlikely to result in replacement income. No one is looking to move right now. And a property could sit empty far longer than the time it takes for the existing tenant to recover. Good tenants are worth looking after.

Contact Eviction Lawyers for help

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. In these uncertain times, we appeal to everyone to act with empathy and compassion. If you are worried about your tenancy or your tenants, contact Simon at Cape Town Eviction Attorneys on 086 099 5146 or email sdippenaar@sdlaw.co.za.

Update 27 March:

In the government gazette released last night (26/3/2020), all evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales run execution is suspended with immediate effect for the duration of the lockdown.

Update 26 March:

As we head into a lockdown that will straddle two months, you may be wondering what will happen if a lease expires during the three-week period? In short, no movement is allowed. A tenant cannot be forced to leave a rented property even if another tenant is lined up to move in. The incoming tenant also won’t be able to vacate their current premises. The extraordinary measures in place (see the government gazette for full list of restrictions) take precedence over other contracts in place, such as leases. Technically, landlords and tenants can pick up where they left off as soon as the lockdown is over, but in reality it may be easier for everyone simply to extend the lease by one month and push the moving-out or moving-in date back to 1 May. Everyone in the country is in the same situation.

Rent should still be paid for any occupancy beyond the lease expiry. If the tenant is in financial difficulties, then a payment plan should be negotiated.

We’ve mentioned a “pause” on evictions to protect tenants who may be financially compromised as a result of COVID 19. But what about evictions that were already scheduled before this crisis emerged? Although the gazette does not mention eviction specifically, it is fair to assume that no movement means no movement. In effect, normal life is put on hold – paused – for three weeks. it will resume on 17 April.

lockdown Archives | Page 5 of 5 | Eviction Lawyers South Africa