FOLLOWING a series of back-and-forth arguments over the occupation of the Donnelly Road flats on The Bluff, eThekwini Municipality is pursuing legal action to remove the alleged illegal occupants from the building.

Spokesperson for eThekwini Municipality Gugu Sisilana confirmed that the City has initiated court proceedings to reclaim the property, which has reportedly been occupied without authorisation for several months.

Also read: Furore over Donnelly Road housing project

Sisilana further explained that the allocation process at the Donnelly Road housing project is nearing completion.

According to the City, legal steps are being taken to ensure that the rightful beneficiaries are placed in the flats in line with proper housing allocation procedures.

Sisilana confirmed that the municipality is handling two cases of illegal occupation.

“One of the individuals has since complied with and vacated the premises after being served with a legal notice on November 11. The second illegal occupier continues to refuse to co-operate despite being served. This matter will now be referred to court for resolution. Any interactions that took place with these individuals occurred during the 48-hour window period following the invasion,” said Sisilana.

Tensions ran high on November 4 when a team of municipal employees and private security guards visited the flats to remove alleged illegal occupants.

Families who had occupied the flats initially refused to budge, claiming they had been rightfully allocated to the buildings. Witnesses alleged that the guards began forcibly removing residents, sparking a scuffle.

During the altercation, one of the residents, Zuko Ncobela, was assaulted.

Some residents alleged that the allocation process unfairly favoured government and municipal employees over convent occupants.

“The City would like to clarify that the allegations circulating regarding the allocation of Municipal rental units are not true. As of November 10, the allocation process is approximately 95% complete, with 72 of the 76 rental units successfully allocated to qualifying beneficiaries,” said Sisilana.

She added that no authority has been granted to any individual to occupy municipal-owned flats without a signed lease agreement.

“Lease agreements will be entered into only with verified and qualifying beneficiaries, and any contrary behaviour will not be tolerated.

Also read: Municipality responds to Donnelly Road fiasco

“Furthermore, the City would like to categorically state that no municipal or government officials will be residing in these units. The Human Settlements Directorate has undertaken final verifications of the individuals residing in the old convent building to ensure that no new occupants moved in during the construction period,” said Sisilana.

She said the Human Settlements Directorate retains the original list of approved occupants and verified household income levels to ensure that the final allocations are:

• Fair,
• Accurate and,
• Consistent with the qualifying criteria.

Sisilana added, “The City remains committed to ensuring a transparent, fair and lawful allocation process for all housing beneficiaries.”

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