Tenant eviction tip: "engage"

Setting new precedent for evictions and a victory for the right to housing, 400 occupiers in a derelict building in the Johannesburg Inner City reached a consensus with the City that they would not be evicted but that the City would upgrade the buildings in which they occupied and in the interim would be provided with temporary accommodation.

The occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg applied for leave to appeal against the decision of the Supreme Court of Appeal, which ordered their eviction due to the buildings being unsafe and unhealthy. The High Court had held in favour of the occupiers and interdicted their eviction due to the City's housing programme being inadequate.

 The Constitutional Court - in coming to its conclusion - had to consider the right to housing enshrined in the Constitution, where it stated, " Section 26, read in the context of the Bill of Rights as a whole, must mean that the respondents have a right to reasonable action by the State in all circumstances and with particular regard to human dignity." Therefore an obligation is imposed on the City by the Constitution due to the fundamental right to dignity and right to life.

Ms Andrea Godfrey of Shepstone & Wylie believes that the critical precedent is the meaningful engagement between the occupiers and the City no engagement efforts were made by the city prior to bringing the Eviction Application, despite the city being fully aware that people would be rendered homeless as a result of their application and only once reasonable efforts of engagement fail can the municipality proceed with the eviction however homelessness which will occur must be taken into account and the city's capacity to remedy this problem.

The Constitutional Court also considered the constitutional validity of Section 12(6) of the National Building Regulations and Building Standards Act, which makes it a criminal offence for people to continue to occupying a building after a notice has been issued to vacate. The court decided that any provision that compels people to leave their home due to a threat of criminal sanctions, in the absence of a court order is contrary to their constitutional right to Housing.

The occupiers succeeded in their appeal and the decision of the Supreme Court of appeals was set aside with the City being liable for the costs thereof.

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responses to this article

Find an old, stuffed property - occupy it, and it becomes yours! Makes real sense, eh............. baboonomics by GungetsTuft on June 05 2008, 10:20 Find this comment inappropriate? Report it

Call in the renovators Serve termination of lease (i.e. no renewal) to CJ and call in the renovators for a little "TLC"...CJ will soon vamoose when you take the roof off and the jack hammers get going!! by CJs Landlord on June 05 2008, 10:30 Find this comment inappropriate? Report it

Always enagage ten on one Its not that hard to persuade a single errant tenant to move on -they usually get the idea after some "conflict resolution" guys have a chat with them in the car park. The mass invasions of vacant property is another story - for that you need "political . .more advisor's" on your payroll. . .less by Pete Rachman II on June 05 2008, 11:24 Find this comment inappropriate? Report it

My type of 'engagement' My type of engagement, if you want to put it so politely, is putting engaging my fist with the tenants face or my shoes with the tenants @ss. You know, South Africa style. none of this justice and legalwise junk. Failing that, a crack pipe and a bottle of . .more OB's to a Cape Flats gangster or a promise of a id book or passport to a Nigerian will do the trick. Lawyers and the law is for prissies!!!!!! . .less by A Real South African Landlord on June 05 2008, 13:37 Find this comment inappropriate? Report it

Tenant Evictions Let's look at it hypothetically. I buy a vacant building in JHB with the intention of renovating it and then letting. I live in Cape Town so I only learn a month later the squatters had moved in. First i must deal with the P I E Act, which essentially . .more says I can only evict, after 48 hours of "occupation having expired", if I provide comparable free accomodation to the evictees. Then there's the Constitution that calls for for the dignity of the evictees to be protected - having the roof over your head removed is definitely demeaning, especially in wet weather. Let's look at something similar, but not in Property. Say I own a grocery shop. A hungry person walks in, takes hold of a pack of fillet, and hangs around until a Govmt time limit of 15 minutes expires, wherapon I must give it to him for free, or provide him wth equivalent protein. He's literally fainting from starvation, so the confiscation of the food would lead to human indignity as he faints on the spot. So theoretically, the principle's of the P I E Act and Human Dignity in the Constitution, as they apply to Property, can be applied quite liberally to other economic sectors as I've described. should the Ruling Party decide. Am I right? . .less by Andy on June 05 2008, 13:40 Find this comment inappropriate? Report it

Tenant Evictions - some more thoughts. And what about the now tabled Expropriation Act? It says the State can expropriate basically at any price it determines "is in the National Interest". Just in case there was ambiguity, paralell legislation is being tabled so that Moveable goods are . .more included in the ambit of the Expropriation Act. The reason cited is that should the State expropriate a successfull working farm (at below market price), then surely the tractors, removable irrigation systems etc (which make the farm work as a going enterprise) must come with the "package". The "Package" is a State sponsered deal to transfer the farm and it's moveable components to a Previously disadvantaged person or group of persons, at below market price, which translates into theft by the State (though by so called State sanctioned "Legal" means). Please tell me, is this any different to Mugabe's outright Illegal confiscation of farms and equipmenet? . .less by Andy on June 05 2008, 13:54 Find this comment inappropriate? Report it

I want the govt to come and upgrade my house I am not happy with the fact that house prices are falling, and have impacted on the value of my property. I want my house to be upgraded so that it is worth more. The standard of my house is not up to scratch. I have not paid bond instalments, rates . .more or taxes, and it was donated to me freed of charge under RDP but I would still like a better house. Geev eet to me!!! . .less by Nonplussed on June 05 2008, 14:01 Find this comment inappropriate? Report it

In addition to my above 2 Posts Am I maybe living in an Alice in Woderland circus? How can it be real that my next President is already a Court pronounced corruptee, that Winnie Mandela is top of the ANC's 80 list, that Yengeni is in favour again, that the next Chief Justice under . .more Zuma will be John Hlophe (he aparantly didn't declare his R400K fee from Oasis to the Receiver - on top of not declaring it to the Court when granting Oasis leave to sue Judge Desai -and has now applied for tax Amnesty, after such Amnesty's doors have been closed), that Shaik may be let out on medical grounds by Zuma, that Cosatu and the Communist Party will decide on interest rates and inflation targeting after April next year, and also deliberately weaken the Rand. What is happening - why is nobody raisingg the alarm bells? . .less by Andy on June 05 2008, 14:17 Find this comment inappropriate? Report it

To Nonplussed Yes, isn't it bizarre. They occupy a run down building, the owner has it declared unsafe to escape the P I E Act and the "Dignity provision" in the Constitution, and the squatters call upon the owner to restore the building to suitable living standards . .more (as per the Constitutional requirement for Human Dignity). Imagine these legal principles being applied to other sectors of the economy (see my example of a Grocery Store above). There is wholesale insanity being applied to our new Laws. Laws are passed by the majority in Parliament, and they are the ANC. The ANC got enough votes in the last election to change the Constituiton, apon which all our fortunes rest. They are raping our Constitution as we speak, thru undemocratic and uncostitutional law making. We appear powerless to stop it. . .less by Andy on June 05 2008, 14:39 Find this comment inappropriate? Report it

The legal rape of South Africa Moneyweb's blog limits are restrictive, so this is how I put my point of view across. Look at what Mugabe has done in his country, and see if you recognise the same patterns developing in SA, but thru LEGISLATION. Mugabe confiscated food producing . .more farms with Zero payout to the owner. In SA Expropriation Legislation is before Parliament to take farms, together with their moveable assets (tractors, saleable steel from irrigation systems) at a price decided on by the State. Am I wrong in this accessment? . .less by Andy on June 05 2008, 14:53 Find this comment inappropriate? Report it

CJ in the Dark!! Gees CJ - A bit of a bummer for you. You'll have to phone your lawyer whilst you sit in my lounge in the dark...plus no running water or power. Not sure your lawyer will accept you invite for tea with my bouncers!! by CJs Landlord on June 05 2008, 16:09 Find this comment inappropriate? Report it

Is CJ's landlord a fag? seems like this guy loves to handle black man equipment. WTF! by mamalookos on June 05 2008, 20:13 Find this comment inappropriate? Report it

no money - no law!! Evicted from house in my name but prospective buyer evicts me, changes the whole place and puts it on the market.. have been trying for over a year to defend all this - no money - no law. We are now homeless with our posessions in backyards. Would be good . .more if someone could help us. . .less by EBB on July 30 2009, 11:55 Find this comment inappropriate? Report it

white south africans comments most of you whites like to make comments which have an abominable, rotten racist undertone when it comes to issues which involve africans be it government or otherwise. you must outgrow your evil mindsets, sis! you are stinking by proud african on August 14 2009, 08:25 Find this comment inappropriate? Report it

non paying tenants help wanted to get them out.. years ago i purchased a property in hillbrow to let. Now my fellow tenants won't pay rent and they don't want to move. I have tried red ants the housing tribunal and all this is costing me a lot of money as i still have to pay for the mortgage, water, . .more lights, rates and levies. I have asked the municipality to switch off electricity and water but they refuse. I need someone to help with suggestions for practical solutions to get all the 10 tenants out and have my property back. Thanks . .less by Irate LL on October 17 2009, 16:45 Find this comment inappropriate? Report it

Full Evictions The court gives a eviction notice to get bad non paying tenants out. But who to contact after you went all the way with that legal procedure. Costing you thousands of rands. Go and look at WWW. homeevictions.co.za They get the job done.! by C R Ungerer on February 03 2010, 03:36 Find this comment inappropriate? Report it

Do My Own Evictions Great i like your idea by DoMyOwnEvictions on August 06 2010, 14:11 Find this comment inappropriate? Report it

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