Max informal settlement: land owner considers interdict
Landowner’s attorney refutes the mayor’s tweet that Max informal settlement occupants are victorious in court dispute.
As the City of Ekurhuleni steamrolls ahead to rebuild Max Informal Settlement, the owner of this private land considers interdicting the metro from doing so.
Adrian Pearson from Pearson Attorneys, acting on behalf of the owners, on Tuesday said his client was considering its options in terms of legal action, interdicting the metro from developing on his clients’ property, and requesting the court to direct the municipality to construct the new dwellings on the public land already identified.
Max Informal Settlement on Great North Road was completely gutted by fire on September 30. On Monday this week, the site had already been cleared of all fire debris.
Executive mayor Mzwandile Masina tweeted on October 4, saying, “we happy to announce the land owner lost a court case against residents. We will be building ngeVosho”.
Site clearing well underway so that the process of rebuilding Kwa-Max Informal Settlement begins. We happy to announce the Land Owner lost a Court Case against residents. We will be building ngeVosho😜😜😜 pic.twitter.com/lzJHtQXoQs
— Mzwandile Masina (@mzwandileMasina) October 4, 2019
Pearson said: “While the landowner fully supports efforts to address the plight of the occupiers and has even agreed to assist in this process, we have advised Ekurhuleni that such reconstruction should take place on the public land identified for relocation of the occupiers.”
He said unfortunately Ekurhuleni ignored this request.
Also read:
• BREAKING NEWS: Shacks go up in flames on Great North Rd (videos)
• Between 300 and 400 shacks destroyed in devastating fire
• Informal settlement fire: A city opens its heart
• Max Informal Settlement fire: the tragedy in pictures
“Since the disastrous fire our client had been advised Ekurhuleni intended to assist the occupiers in rebuilding their dwellings on our client’s land.”
The landowner previously brought an eviction application against the occupiers. The court refused to grant the order, saying further negotiations for suitable alternative land should be undertaken between all parties.
Pearson said numerous meetings among the landowner’s attorneys, national government, the occupiers’ attorneys and Ekurhuleni Human Settlements were held, where the land directly opposite the settlement was identified as suitable alternative accommodation.
A study was conducted but since its publication neither national government nor the department of human settlement made any attempts to develop this land for relocation.
“The matter is with our advocates in order to draft papers for a new eviction application. This process had been initiated months before the fire,” said Pearson.
The mayor’s spokesperson could not be reached for comment telephonically, via WhatsApp or sms or on Tuesday.
Ward councillor André du Plessis said the land had been declared a construction site.
“Contractors had cleared the site and apparently a new blocking system will be introduced,” said Du Plessis.
Also follow us on:
