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Lengthy legal process to remove Wolwespriuit informal settlement

“We have similar challenges in Mamelodi, Atteridgeville and Soshanguve, which make the owners of bonded homes just as angry as homeowners in the east of Pretoria.”

The removal of the land invaders who set up an informal settlement in Erasmuskloof, Pretoria east will most likely involve a lengthy drawn-out legal process.

More than 100 Wolwespruit informal settlement residents reside in the gated area on Delmas Road and Solomon Mahlangu Drive, and are embroiled in litigation affairs similar to other Pretoria east informal settlements such as Plastic and Cemetery View.

The wetland inhabitants have been facing unending legal battles pushing for their removal since the settlement began in 2018. The occupants received their last eviction notice in 2022, which was recently disapproved of by non-profit/non-governmental human rights organisations.

The inhabitants now face a battle where the Pretoria High Court has yet to determine the next course of action on their residency at the site.

Rekord is still yet to establish the exact court date.

Lengthy legal process to remove Wolwespriuit informal settlement
A resident washes himself from a stream that runs through the settlement. Photo: Reitumetse Mahope

The Lawyers of Human Rights seeks to have the Tshwane metro provide alternative accommodation possibly with serviced stands for all inhabitants and not just South African citizens.

This was as Tshwane’s housing and human settlements department officials had earmarked a suitable property for only South Africans to be relocated, which led to consultations and voluntary relocations, earlier this year.

Out of about 200 inhabitants, only 69 voluntarily relocated, according to Tshwane metro mayoral spokesperson Sipho Stuurman.

Tshwane mayor Cilliers Brink said it was challenging for the metro police to police land.

He said police and private security companies had to come on board to help with land grabs in the metro.

“Land grabs happen across the metro. There is often this perception that these land grabs are just suburban challenges.

“We have similar challenges in Mamelodi, Atteridgeville and Soshanguve, which make the owners of bonded homes just as angry as homeowners in the east of Pretoria.”

Lengthy legal process to remove Wolwespriuit informal settlement
The Wolwespruit inhabitants boiling water to keep warm as winter sets in. Photo: Reitumetse Mahope

He said the metro faced the biggest brunt of costs and risk when dealing with landgrabs and illegal immigration.

Brink said there had been engagements and agreements to move the dwellers of Wolwespruit to land in the north of Pretoria since before 2021.

“Due to [a certain] political party and other organisations, this has been prevented.”

According to Brink, the dwellers were encouraged to stay in the wetlands.

“The Lawyers for Human Rights also opposed our eviction order and filed a late application.”

Brink said whilst litigation on the eviction order was ongoing, the metro was ensuring that the settlement’s population didn’t grow.

“The metro and housing department will ensure the site does not grow and will keep monitoring the area to contain the issue.”

Wingate Park, Elarduspark, Moreletapark and Erasmuskloof residents have been calling for the informal settlement’s removal for several years now.

Land and housing programme Lawyers for Human Rights attorney Deborah Raduba told Rekord that they submitted a notice of intention to oppose the metro’s eviction application on April 28 on wetland dwellers’ behalf.

 

Raduba said they intervened in the eviction to help the dwellers who were not familiar with their rights.

“They were not aware of the correct steps to take to challenge this application from the metro.

“They eventually came to us to obtain legal assistance after being unable to timely obtain it from other organisations.”

“We are concerned that the metro made submissions that they will only provide alternative accommodation to South African citizens and yet they want all the occupiers to be evicted from the property,” said Raduba.

“An eviction that will render people homeless is not just and equitable.”

Raduba said it was the metro’s responsibility to uphold and defend the inhabitants’ socio-economic rights.

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