Mooikloof homeowners fight to remove squatters decade on

Tussles over removing squatters from an estate on Duiker Street, Rietfontein in Mooikloof east of Pretoria continue after over a decade-long process.

For almost 12 years the Sunset Ridge Estate Home Owners Association has been fighting and approaching courts to get the law to help it with the illegal mini-informal settlement on a property adjacent to the estate. Plot 25 on Duiker Street greatly affects property value depreciation and lawlessness.

The association has revealed plans to continue exploring legal routes to rid itself of over 250 illegal structures erected and get Tshwane to clear an illegal dumping site adjacent to the estate.

Residents of Sunset Ridge Estate told Rekord that properties are being devalued and many who are custodians of various plots or land have either not built or stopped building altogether because of the dilemma.

Wouter Vink of the association said the informal settlement has been growing since 2016.

“The squatting has brought issues such as health hazards, crime and pollution, as well as depreciating property value. Potential buyers no longer want to invest in the area and people are selling off their property before they lose more value.”

Vink said the residents of the informal settlement burn waste, causing a bad smell which is a health hazard, carrying on illegal and nuisance-causing activities.

He added that a nearby school is affected by the illegal dumping in the informal settlement on private property.

“The illegal dumping has reached such a stage that trucks are waiting in line to dump their waste. Construction businesses now save money for refuse removal as they dump at the created illegal dumping.”

He said on February 17, 2016, Tshwane inspectors visited the area and they found the following:

– A man who acts on behalf of the owner’s wife – the owner is deceased and the property is registered in the name of a trust.

– There are over 150 people residing on the premises.

– The dwellers pay monthly rent.

– They have access to clean water from the property adjacent to plot 25, namely plot 26. Water is carried in containers.

– There is a pit latrine available.

– There is a swimming pool with only rainwater and accumulated rubbish.

– The main building is dilapidated and used by several people. There are several shacks.

– The one shack is used as a tavern and visited by several people after hours, where the playing of music takes place.

He said: “We approached the court and Human Settlements [department] to help with this.

“We approached the high court and our application was enrolled on the unopposed roll of December 6, 2023, wherein we sought an order for default judgment.”

In the documents provided to Rekord, the association asked the court to declare the occupants are:

– Illegally and unlawfully occupying the land next to the estate without the consent of the land owners as well as the city.

– Occupying the property in contravention of the Tshwane Town Planning Scheme 2008 (Revised 2014) and Human settlement by-laws.

– Carrying illegal and nuisance-causing activities on the property by erecting approximately 250 illegal structures without the consent of the property owner, the metro and the human settlements department, formulating an illegal dumping site that poses a health and safety risk.

– Illegally tapping and making use of water from a fire hydrant source, causing interference with the supply of emergency water supply in the event of a need arising to use the same; and the water supply to the occupants of the estate.

– Creating an illegal electrical supply to the main electricity supply to the area which also services the occupation of the Sunset Ridge Estate.

– Noise pollution and peace disturbance.

-Urinating and defecating in the open veld in the absence of service infrastructure installed. Thus, causing a health and safety risk for the occupants of the surrounding areas, including the occupants of the Estate.

The association argued that there was no alternative remedy but to approach the court. All the attempts to engage with either the property owner/trust and/or the municipality have proven to be fruitless.

The situation continues to escalate and will likely amplify if not addressed sooner rather than later.

The association also asked the court to allow the municipality to apply for an eviction of the illegal land occupiers and later down the line protect the interests of the violated by the alleged violations of rights.

Sunset Ridge resident Avinisha Naidoo said the illegal occupation of land is very sophisticated and has added to crime in the area.

“We have broad issues. We have very sophisticated criminal activities that are being peddled out into the communities,” she said.

She said the number of house break-ins and robberies, turf wars, extortion rackets and numerous other criminal activities have increased.

Another resident Heather van Rensburg said, “Trucks queue to dump at the illegal dumping further exacerbating the problem”.

She said metro police and Tshwane are contacted regularly by all the concerned citizens yet no action has been taken.

“This issue started years back and it is so bad that it is a mountain spilling into the street, and they are now dumping across the street.”

Ward councillor Henning Viljoen said he was aware of the issues.

“I am aware and have been engaging with the TMPD. An ongoing plan will be discussed at our next forum meeting.”

Tshwane spokesperson Lindela Mashigo said the metro regularly clears the dump site.

He said there is excessive illegal dumping and the city doesn’t take the responsibility of cleaning privately owned properties.

“However, the city has a responsibility to take action against persons that are causing environmental degradation within its jurisdiction. As such the city’s Green Scorpions (Environmental Management Inspectors) are in the process of tracking the owners of the property so that they can be held accountable for cleaning the area and prevent further occurrence of environmental degradation.”

He said the city has several intervention strategies which include by-law enforcement, the Adopt-a-Spot programme and Re Kaofela.

He warned dumpers that if caught they would be fined up to R5 000.

Residents can report illegal dumping at Tmpdcomplaints@tshwane.gov.za or 012 358 7095/6.

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