No action by City of Mbombela on illegal student housing, despite court order
A court order was granted in July against a residence in Steiltes operating as a student boarding house. However, no action by the City of Mbombela has yet been taken.
A Snoopy Street property in Steiltes continues to be used as a student boarding house, despite the owners having been issued a high court order interdicting them otherwise almost three months ago.
Although the City of Mbombela (CoM) had applied for and was granted the order by Mpumalanga High Court Judge AJ Roelofse on July 17 this year, no moves have been made by the municipality to remove the tenants still staying at the property.
This follows multiple complaints by both residents and the CoM DA ward councillor for the area, Sanley van der Merwe.
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Van der Merwe and the residents said before the current owners had bought the property, it had also been an illegal student accommodation. They said they had battled for 14 months to stop the use of the property as such and were finally successful.
However, just three months later, the new property owners (the respondents on the court order) set up the current boarding facility.
One of the residents living near the property, Greatman Mhlanga, said he had bought his house in November last year. He said he is a direct neighbour of the property and can hear all the noise emanating from the house.
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“There are people singing at 02:00, hooting, others being dropped off and picked up, and loitering around the area late at night. It is very disruptive,” he said.
Lennie Poonan said although he lives further up the street and the situation therefore affects him less than others, the neighbourhood was plagued by lots of vehicle and foot traffic at all hours of the day and night. He said the street is a cul-de-sac and was a quiet and peaceful area before the problems with the student accommodation started.
Resident Danie Nel said there are people walking up and down the street at all hours of the night, shouting and laughing.
“There is loud music from the house and the vehicles parked outside the property.”
According to the court order, the property owners were to cease the illegal use of the Snoopy Street property as a boarding facility/student accommodation. The area in which the illegal student housing stands, is zoned as ‘residential 1’ according to the court order, and cannot be used as a boarding facility as long as it is zoned this way.
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The order instructed the owners to remove from the property all tenants and any other items relating to its use as a rental accommodation establishment, and that if the respondents failed to comply within 15 days, the sheriff of Mbombela is authorised and directed to ‘take all necessary steps for purposes of giving effect to those orders’. This includes seizing all property at the residence used in relation to student accommodation.
Van der Merwe sent several follow-up emails to the City’s legal department, the City’s speaker, municipal manager and the mayor asking why no action had been taken. Lowvelder has seen these emails.
She said she had to follow up with the CoM’s legal department at the beginning of August just to make it the aware of the order. After multiple phone calls and emails to the CoM, she said nothing still has been done.
“The order is clear, so I fail to understand why this is being delayed,” she said.
Lowvelder had sent a media query to the CoM in late September regarding the matter and has not received a response to date.
