The Shaka’s Head informal settlement has ballooned from 400 shacks to nearly a thousand make-shift homes since 2021, resulting in the KwaDukuza Municipality’s (KCM) eviction application being postponed until all residents can be served.

Located outside Ballito on the P445, the land was initially earmarked for a clinic or public high school but was illegally taken over during the Covid-19 pandemic.

Not a matter of if they will be evicted but a matter of when

KDM sought court relief for eviction and a case was heard at the Pietermaritzburg High Court last week, with shack dweller movement Abahlali baseMjondolo representing the illegal settlers.

Abahlali baseMjondolo’s deputy president, Mqapheli Bonono, said the court dismissed the eviction application due to municipal errors in filing, a claim KDM disputes.

Municipal spokesperson Sifiso Zulu clarified that the case was postponed until all the legal requirements are met, rather than being dismissed.

“The court ruled that since the number of illegal occupiers has increased since the case began, and the respondents’ attorneys did not represent all unlawful occupiers, it was important to ensure proper service of the eviction proceedings in terms of Section 4(2) and Section 4(5) of the PIE Act,” said Zulu.

“This would prevent future claims from unrepresented occupiers that they were unaware of the eviction process. The question is not if they will be evicted, but when.”

The municipality will return to court on May 26 to seek an updated eviction order for the additional settlers.

Proposed area of relocation ‘too remote’

KDM has proposed relocating residents to Vlakspruit in Esenembe, where low-cost housing is planned, pending Department of Human Settlements approval and funding.

Bonono strongly opposes this move, arguing that Vlakspruit is too remote, lacks essential services and will disrupt livelihoods.

“If people are moved there, they will struggle to find work, and those on chronic medication will have no easy access to healthcare,” said Bonono.

“This is not about development but about removing the poor from areas near the estates and privileged communities of Ballito.”

The Dolphin Coast Residents and Ratepayers Association (Docrra) has raised concerns over safety, illegal trading, pollution and improper waste disposal in the area.

Chairperson Deon Viljoen confirmed that Docrra petitioned KDM in February, receiving initial acknowledgment but no further updates.

“We will continue to push for appropriate bylaw enforcement to address community concerns,” said Viljoen.

Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel.

Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal.