Eviction notices for Funny Farm may be invalid, Alberton resident claims

Recent developments have cast doubt on the validity of eviction notices served to the residents of Funny Farm and Kuvukiland, informal settlements in the Alberton area, which were handed out late last year.

Michael Hume, a figure in the ongoing legal battle and a member of About Group, has raised concerns regarding the legal basis for the evictions, claiming that the notices issued by the Palm Ridge Magistrate’s Court are invalid.

Hume, who has applied to be amicus curiae in the case, asserts that the eviction notices should have been served by the Johannesburg High Court, not Palm Ridge, and this technical issue could potentially render them null and void.

“The eviction orders that were served last year mean nothing in terms of the legal process, as they were handed out by the wrong court,” Hume explained in a recent talk with Alberton Record.

Hume, alongside an advocate who is handling the case, has engaged with the City of Ekurhuleni to address this discrepancy.

According to Hume, the municipal government has not responded to the court’s orders, and similarly, the Gauteng Department of Education (GDE) has failed to act on calls to address the issue.

As a result, the case was struck off the court roll, causing further delays in the eviction process.

Despite these legal setbacks, Hume confirmed that his team has been in contact with the 169 individuals residing at Funny Farm and Kuvukiland.

While the residents are reportedly willing to vacate the land, they have one condition: they require alternative land to settle on.

“They are not refusing to leave; they simply need to be relocated to a piece of land where they can start afresh,” Hume emphasised.

The issue of land occupation has been a longstanding problem for the area, with residents and authorities expressing frustration over crime, safety concerns, and the hijacking of municipal land.

In response, the GDE, in partnership with the MEC for Education, initiated the eviction proceedings, citing the urgent need to reclaim the land for educational purposes.

However, the situation remains complicated. While the formal eviction process was initiated with notices served by the Palm Ridge Magistrate’s Court on October 25 last year, the matter has yet to be fully resolved due to the ongoing legal challenges.

Residents of Funny Farm have consistently expressed their dissatisfaction with the eviction process, with many stating they have nowhere else to go.

Hume’s concerns have added a new layer of complexity to the situation, drawing attention to the technicalities of the eviction process and the potential violations of legal procedure.

“The proper legal channels need to be followed. The city and the GDE must be held accountable for not responding to the court’s orders,” he said.

Hume promised to ensure that the matter will be fully attended to this year to meet all the parties involved needs.

Did you know?

An amicus curiae, or ‘friend of the court’, is an individual or organisation that is not a party to a case but is allowed to offer information, expertise, or insight that may assist the court in its decision-making process.

In South Africa, an amicus curiae can be appointed by the court or applied independently, typically in cases of public interest, to provide a broader perspective on complex legal issues.

Hume’s application to amicus curiae in this case highlights the public interest nature of the dispute, which involves the rights of vulnerable residents, the proper execution of legal processes, and broader concerns about land usage and safety.

As the case progresses, allegedly all eyes remain on the Johannesburg High Court, where the fate of Funny Farm’s residents and the legality of their eviction hang in the balance.

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