Squatters are ticking time bomb
The illegal settlers have also now begun to erect permanent structures on the land which has not been identified as a residential dwelling by Thaba Chweu Municipality (TCM).
LYDENBURG – Matšentše, an unlawfully occupied piece of municipal land opposite the Skhila extension, is growing larger by the day.
The illegal settlers have also now begun to erect permanent structures on the land which has not been identified as a residential dwelling by Thaba Chweu Municipality (TCM).
Residents on this land told the newspaper that they allegedly “bought” the stands from a man who apparently had a “nice connection,” with TCM (sic).
Not only is this latest occupied land a huge headache for people adjacent to the Frischgewaagd Road, but these dwellings are also now making use of illegal electricity and water connections.
Taking into account that TCM again had to reach a new agreement with Eskom regarding its outstanding account of millions earlier this year; it could have a devastating impact on the increasing debt.
There is also no refuse removal taking place and this forced AfriForum to step in in July to do a clean-up along the refuse-scattered road. The civil rights organisation removed 140 tons of illegal waste along this road and said if the municipality did not step up and start removing the rubbish scattered by the illegal dwellers, it would hold TCM responsible for the expenses of the next clean-up.
Steelburger/Lydenburg News contacted the municipality about the unlawfully occupied land and asked whether there was any plan in place to remove the dwellers.
Mr Puleng Mapheto, communications manager at TCM, had told the newspaper that the municipality had had a lengthy management meeting last week regarding the issue of land invasion.
“We, as the municipality, agreed that people should not be allowed to continue taking council’s land without proper procedures and processes. It is illegal to use land before that particular area has been declared habitable. We urge people to refrain from occupying land without involving the council. Our offices are open for people who have an interest in purchasing a piece of land. We will resort to legal routes if people decide to ignore laws.
“Council still has to pronounce on township establishment and formalisation or proclaim other informal settlements. Our town planners are hard at work.
“Those who occupy land illegally will face the arm of law. We view unlawful occupation of land in a very serious light.”
According to the Southern African Legal Information Institute, an organ of state may institute proceedings for the eviction of an unlawful occupier from land which falls within its area of jurisdiction, except where the unlawful occupier is a mortgagor and the land in question is sold in a sale of execution pursuant to a mortgage.
The court may grant such an order if it is just and equitable to do so, after considering all the relevant circumstances, and if the consent of that organ of state is required for the erection of a building or structure on that land or for the occupation of the land. Also if the unlawful occupier is occupying a building or structure on that land without such consent having been obtained; or if it is in the public interest to grant such an order. For the purposes of this section, “public interest” includes the interest of the health and safety of those occupying the land and the public in general.
In deciding whether it is just and equitable to grant an order for eviction, the court must take into consideration, the circumstances under which the unlawful occupier occupied the land and erected the building or structure, the period the unlawful occupier and his or her family have resided on the land in question, and the availability to the unlawful occupier of suitable alternative accommodation or land.
