Latest news with #PreventionofIllegalEvictionfromandUnlawfulOccupationofLandAct
IOL News
2 days ago
- IOL News
Legal battles hinder housing development in Greater Ivory Park
The Gauteng High Court, Johannesburg turned down an urgent application by the City of Johannesburg to urgently evict homeless people living on land in Ivory Park, earmarked for a housing development project. Image: File The City of Johannesburg has once again suffered a setback in its efforts to proceed with a mixed housing development to de-densify informal settlements in the Greater Ivory Park area, as the properties earmarked for this project are being occupied by more than 250 homeless people. The City and the occupiers of the land have been embroiled over the years in numerous legal applications - some brought by the City and others by the occupiers who want to be left alone. Both parties have scored minor victories over the years, but the fight for the land is still continuing. In the latest legal tussle, the City turned to the Gauteng High Court, Johannesburg, to obtain an urgent eviction order against these homeless people. In this latest ruling, the court said while those occupying the land are clearly frustrating the housing development, it reminded the City that these people also have rights. Judge Leicester Adams dismissed the urgent application in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). The Judge said the City can bring an ordinary eviction application in due course. He said the potential harm to be suffered by the City if the relief sought by it is not granted, pales into insignificance, if one considers the fate of these 250 or more individuals. The City is the owner of the property, which is two pieces of land situated adjacent to Freedom Drive, between Modderfontein and Strandloper Roads, in Rabie Ridge. The stands are between formal stands in Rabie Ridge, which comprises low-cost housing – not funded by public funds but through mortgage bonds by banks, and an informal settlement known as K60. Video Player is loading. 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Next Stay Close ✕ The development earmarked for the land in question will cater for community members within the Greater Ivory Park area who are eligible for specified housing opportunities. The homeless, however, over the years have occupied the land. The City had from time to time demolished their shacks, but the homeless obtained orders for it to be restored. In the latest legal bid, the City argued that if they are not granted orders, on an urgent basis, for the eviction of the respondents (the occupiers), its plans to develop the mixed housing on these properties will be derailed. The respondents, on the other hand, said that they would be rendered homeless if evicted from the property. Judge Adams did not accept the submission by the City that because the land in question is not yet serviced and there is no water and electricity, that this amounts to 'real and imminent danger' if the unlawful occupiers are not forthwith evicted from the land. He said they have been living there - on and off - for some years and there have not been any major disasters during this time. 'I also cannot accept, as a fact, without more the allegation by the applicant that there are threats of violence and ongoing criminality on the properties. How, I ask rhetorically, is this different from everyday life in South Africa?' the judge said.
The Citizen
10-07-2025
- The Citizen
Municipality halts youth-led land invasion in Khutsong South
The Merafong City Local Municipality has stepped in to stop a group of frustrated young people from occupying municipal land in Khutsong South. According to recent reports, the group had begun staking out more than 300 stands on an overgrown municipal sports field in the area, with plans to erect informal housing. The move was led by local youth leader Vusi Cele, who said the action followed years of frustration due to the lack of development and affordable housing for young people in the area. The young residents had already marked out plots and were preparing to build shacks when the municipality intervened. On June 30, the Merafong City Local Municipality issued a formal notice prohibiting any form of land invasion or illegal occupation on the property. Municipal Manager Dumisani Mabuza stated that all land invasions and unlawful land occupations are criminal offences under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (1998). The municipality also urged residents to help combat illegal land grabs by reporting any such activities to the municipal call centre at 018 788 9990, via WhatsApp at 082 516 0794, or by email at [email protected]. Further action was taken on July 1, when the group received a draft court order officially prohibiting the continued occupation of the land. Despite the legal warning, Cele expressed the group's continued concern over housing shortages, emphasizing that young people in Khutsong South are desperate for solutions and development opportunities. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
27-04-2025
- Politics
- The Citizen
Squatters invade greenbelt area in Heeren Street
A concerned resident reached out to the Vryheid Herald to report illegal squatters occupying the corners of Heeren and Mason streets. The squatters have set up shelters using tarps and tree stumps, strategically placing them in the bushy area to conceal their presence from the public. A journalist contacted Ward Councillor Cllr Elaine Rodway, who said she was currently engaged in discussions with the mayor regarding the issue. Rodway said, 'Over the past few weeks, there have been several reports of instances where residents have noticed shacks being erected in this area. According to my knowledge, I do not believe permission was granted for this land to be occupied and it seems highly unlikely that makeshift shacks would comply with any building codes in place under the NBRBS Act [National Building Regulations and Building Standards Act]. Section 4(1) of the NBRBS Act strictly prohibits the erection of any building without drawn plans and the prior approval of the municipality. 'It is imperative that the municipality take quick and decisive action when these occupations take place to avoid possible legal ramifications which could occur if the matter is not attended to with some semblance of urgency. 'With all that being said, however, it is also important to acknowledge the plight of the homeless with a sense of compassion and humanity. I hope we can find a resolution that may offer an alternative for the provision of temporary emergency accommodation, if possible. I am still very much in favour of establishing a much-needed homeless shelter in AbaQulusi and I believe this incident highlights the need for it. I believe the mayor is investigating the matter, but no feedback was available at the time of going to print.' According to the South African government website, both state land (land under the control of a national or provincial government or municipality) and privately-owned land can be invaded unlawfully. Government has a constitutional duty to ensure – where required and with available resources – that all citizens can enjoy their basic rights to access to land and housing. Where large-scale invasions occur, government has a similar duty to assist private landowners to protect their land. Where unlawful occupiers (whose basic rights are not at risk) have to be evicted, the private land owner must, without delay, approach the court for an eviction order in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act 19 of 1998). This law is currently administered by the Department of Human Settlements and will be transferred to the Department of Rural Development & Land Reform (DRDLR) in due course. Individuals in need of housing can approach the local municipality or, if necessary, the provincial or national Department of Human Settlements for assistance. ALSO READ: Illegal dumping, litter and sewage chokes Ncandu River The news provided to you in this link comes to you from the editorial staff of the Vryheid Herald, a sold newspaper distributed in the Vryheid area. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
