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unlawful eviction Archives | Eviction Lawyers South Africa

Court declares shack eviction unlawful

By | Eviction news, Homeless, Uncategorized

Tswelopele residents from Extension 8 won a legal victory against the EMPD and the City of Ekurhuleni on May 6 at the North Gauteng High Court.

The City of Ekurhuleni was ordered by the North Gauteng High Court on May 6 to desist from evicting land occupiers in Tswelopele Extension 8 without a court order. The City also has to pay each occupier R1 500 for damages to property that was caused during prior evictions.

Thandeka Chauke, a lawyer for Lawyers for Human Rights (LHR), who represented the occupiers, said the order declared the evictions were unconstitutional and unlawful.

Residents of Tswelopele took to the streets on March 19 in protest against the lack of service delivery and land occupation. Their anger was directed at the DA councillor of Ward 9, Dereck Thompson.

They marched to the councillor’s office in Olifantsfontein, but he was not present. They demanded that the office give them the right to occupy the piece of land on which they had built their shacks.

Florah Tjabadi, the community protest leader, said they wanted to meet with the councillor but he did not arrive.

“We hoped to get the land because we are currently living in shacks as tenants. The properties also accommodate orphans and pensioners and the majority of tenants are unemployed,” said Tjabadi.

Unlawful eviction

The residents of Tswelopele Extension 8 have won a court victory against the EMPD and the City of Ekurhuleni.

Chauke said the court interdict would give the occupiers peace of mind because no one would repeatedly come and destroy their possessions.

Tjabadi said they were happy about winning.

“We have been trying to put a stop to the harassment since August last year and at last, we won. It means we won’t have to worry about paying rent and we can go out to look for jobs.”

Tjabadi claimed the EMPD had evicted the occupiers countless times, without ever showing the occupiers an eviction order. The first eviction was on December 16, four months after they took occupation of the land.

“We started to stay on the piece of land in August last year and we were chased away more than 10 times. Our belongings were scattered everywhere,” added Tjabadi.

The EMPD and the City withdrew their counter-application, but they previously argued in court papers that the occupiers did not live on the property and the structures were vacant or incomplete when they were demolished. They said the City did not need an eviction order to demolish vacant or incomplete structures.

“The structures were mostly incomplete and impossible for people to reside in and no children or elderly people were noted at the property,” the City said in earlier court papers.

Judge Anthony Millar ordered the City to launch an investigation into the alleged bribery and corruption of EMPD officials and to file a report with the Independent Police Investigative Directorate, the National Prosecuting Authority and his court within 30 days of the court order. The City was ordered to pay the costs of the case.

Source: Tembisan (emphasis by SDLAW*)

Further reading:

*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 have been evicted unlawfully.

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– Founder, Attorney Simon David Dippenaar