Another setback in Donovan McDonald eviction bid

The Department of Human Settlements suffered yet another setback in court in their ongoing attempts to evict illegal occupants at the Donovan McDonald Retirement Centre.

The Roodepoort Record previously reported on the department’s failed bid to secure urgent evictions of illegal occupants of the centre. The department has since sought leave to appeal the denial of their original application.

The application for leave to appeal was dismissed on October 15.

The City of Johannesburg’s Department of Human Settlements has strongly denied that their original application did not fully meet the requirements of the Prevention of Illegal Eviction from Unlawful Occupation of Land (PIE) Act.

According to answers provided to the Roodepoort Record by the department’s manager of communications, Neo Goba, the department believes that the judge erred in his initial judgment, which was denied partially because the department did, according to the judge, not adequately demonstrate a direct link between specific unlawful occupiers and the imminent danger that their illegal occupancy holds for rightful residents of the centre.

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“While it is true that we did not specify which individuals were directly involved in criminal activities, the evidence presented showed a general pattern of threats and dangerous conditions at the Centre.

“The City of Joburg’s position is that the judge should have considered these safety concerns more broadly when determining whether urgent intervention was warranted,” Goba said.

The Record asked why the department did not, in its bid to be granted leave to appeal, simply address the judge’s initial concerns as set out by the ruling.

“Addressing the issues set out in the judgment would not have provided the immediate relief necessary to protect the elderly residents.

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“Given the conditions at the centre, it’s difficult to identify exactly who is behind the criminal behaviour when many illegal occupants and activities are happening in secret. Although the City took reasonable steps to present evidence of risks posed by unlawful occupiers, it is also imperative to note that the prospects of success of each case are not always 100%.”

Despite this latest setback, the department remains committed to addressing the situation at Donovan McDonald Retirement Centre.

“We are pursuing other legal processes under the PIE Act to evict unlawful occupiers through regular court procedures.

“Additionally, we are continuing to work closely with law enforcement and other departments to improve security at the centre, including increasing patrols and monitoring for illegal activities.”

Florida South Residents Association chairperson Rodney Churchyard has praised the department for its efforts, adding that while the outcome of the judgement is not ideal, he will continue to support efforts to bring about positive change at the centre.