Occupants of 21 Bompas property back on property
DUNKELD WEST – While some readers sympathised with the evicted occupants, a few expressed concerns about illegal occupation, capacity and sanitation issues.
Different reactions were evoked from readers after ‘illegal occupants of a property, 21 Bompas Road in Dunkeld West, were evicted.
The eviction which was carried out by the Red Ants on 6 April had some readers expressing relief that the people living on the property would finally be gone while others sympathised with them.
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Socio-Economic Rights Institute of South Africa (SERI) attorneys took up the matter on behalf of the evicted occupants with the High Court of South Africa.
In their statement, the institute stated that no court order had been sought or granted for the eviction, therefore violating section 26 (3) of the Constitution which mandates that no person may be evicted from their home without a court order being issued having considered all relevant circumstances.
The institute pointed out that in conducting the eviction, the property owners relied on an interim interdict issued by the High Court in February this year. The Gazette has a copy of the interim interdict in our possession.
“The interim interdict does not constitute an application for eviction and does not apply to the occupiers who had already been in occupation. In terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 [the PIE Act], the residents are entitled to written and effective notice of any proceedings to evict them; to be evicted only where it is just and equitable to do so; and to be provided with alternative accommodation, where an eviction would otherwise lead to homelessness,” the statement continued.
The institute further stated that the eviction was a direct contravention of the regulations in terms of the Disaster Management Act’s moratorium on evictions.
The institute said during the eviction, the occupants had lost their home and most had their furniture and personal possessions destroyed, resulting in the elderly and mothers with infants having to sleep on the street.
“The residents have had to endure harassment and intimidation from law enforcement and private security. SERI has launched an urgent application for the restoration of the residents to their homes and to restrain any further interference with their occupation until a proper court order has been obtained.”
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