Informal community slapped with eviction notice

IMAGINE having the only home that you know and grew up in all your life snatched away from you with nowhere else to go. This is the harsh reality for the informal settlers of Erf 243 Dunns Grant on 72 Sirdar Road, Clairwood who have been issued an eviction notice and are expected to uproot their lives from a place they have called home for well over 20 years, by Friday 1 November.

According to the Durban High Court order, the size of the property is 1302 square meters and on it stands a single derelict house. In the surrounding yard are about 28 dilapidated shacks. It is estimated that about 153 persons reside on the property of which some are elderly and some are minor children.

A troubled resident who has lived on the premises for over 20 years with her family said she has no idea what she is to do or where to go. “I have lived here for years, I had my daughter here, who is now in college and I have a grandson. When we arrived here, the home was vacant and we have never seen the owner. She has never set foot here. I have always been under the impression that this place is owned eThekwini Municipality, as they even came to build us much needed toilets and basins. Out of nowhere the sheriff of the court came here to give us a document from the court, from the owner who now wants us out. This is very hurtful. We’re raising families and have little children here. Now we’re going to be left homeless if this eviction really goes ahead,” said resident, Thembisile Magobode.

“The municipality has been assisting the residents of the house in terms of receiving legal representation from legal aid. I have liaised with the attorney who has been handling the case which has been ongoing for about 18 months. There was an interim order for vacation and the residents together with the attorney went against it and appealed the court order which didn’t result in a desirable outcome. Given the time frame that this matter has been back and forth in court, the municipality should have made alternative arrangements by now. I understand that this is private property and I will always uphold and respect the court’s decision but this has also become a human rights violation. To ask these people to move with no alternative housing provided to them is wrong. Where must they go? Do they deserve to be out on the street?” questioned ward 32 PR councillor, Sharmaine Sewshanker.

In her quest to help the defenceless residents, Sharmaine did emphasise that she does understand that this is a legal matter. “The bottom line is that the municipality has been aware of this matter and it forms part of their responsibility to provide these people with their basic need of housing. Moreover, although this is a private residence, formal toilets and taps were built and installed by the municipality which is not commonly done on private property, but they did. So they gave these people an opportunity to continue living here. Now that they have been told to vacate the premises they are no longer involved. This is a total disregard for human rights. What is to happen to these families? We need to throw it back to the municipality. The municipality and the committee that is involved in housing needs to come to the party and locate these people somewhere else,” she said.

Together with the assistance of Sharmaine, the families of Erf 243 Dunns Grant plan to put forth another appeal at the Durban High Court against the owner of the property, based on all the circumstances of the dire situation, the law pertaining to squatter’s as well as basic human needs.

When asked for comment and to explain the municipality’s role in this entire issue and whether it can be of any assistance to these residents, eThekwini Municipality spokesperson, Msawakhe Mayisela said: “The city requests to be given a space to apply its mind on this matter and it will communicate its next course of action in due course.”

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