The high court in Johannesburg has ordered that “hijackers” of a multimillion-rand vacant house in Dunkeld West were unlawfully evicted and can remain there for the moment.
The Socio-Economic Rights Institute of South Africa (Seri) took the case to court.
The court ruled that the eviction from 21 Bompas Road, Dunkeld West was unlawful. The evictions had occurred without a court order, thereby violating section 26 (3) of the Constitution.
According to Seri “The residents are hardworking members of the community who earn a meagre living in the affluent northern suburbs of Johannesburg. Many of them make a living as waste recyclers, car guards, informal traders and gardeners, while others carry out casual manual labour for property owners in the area. They reside in shacks and an abandoned outbuilding on the property, because they have nowhere else to go. Some have lived on the property for 17 years”.
The land invaders are entitled to written and effective notice of any proceedings to evict them; to be evicted only where it is just and equitable to do so; and to be provided with alternative accommodation, where an eviction would otherwise lead to homelessness.
A spokesperson from Seri said that these things happened despite a moratorium on evictions, and are a direct contravention of the regulations in terms of the Disaster Management Act.
According to TimesLIVE, neighbours have complained of noise, illegal brewing and drinking, and safety hazards.
Local ward councillor Martin Williams said problems surfaced in 2017 when a group moved in and the numbers kept swelling.
“In March 2017 I formally asked for a problem property file to be opened for 21 Bompas Road and for entities to investigate.”
In 2017 a stabbed woman’s body was discovered there.
[Image: Sebabatso Mosamo TimesLive]