[ad_1]
Western Cape Prime Minister Alan Winds.
- The provisional injunction granted by the Western Cape Superior Court this week will set a precedent for how all property owners handle future illegal land invasions, says Prime Minister Alan Winde.
- When attempting to occupy someone else’s land knowing that it is illegal, the owner must be able to protect their property and act immediately by removing any structures before they are occupied, he argues.
- Judges Shehnaz Meer and Rosheni Allie ruled that the city of Cape Town must have a court order to evict someone or demolish a home.
Western Cape Prime Minister Alan Winde said Friday that in any attempt to illegally occupy someone else’s land, the owner must have the right to protect his property. Winde was reacting to a provisional Western Cape Superior Court ruling on land invasions. This means that the removal of any illegal structures should be allowed before an invasion, according to the prime minister.
“The ability of the landowner to do this is, in our opinion, more of a deterrent to these illegal actions than any threat of judicial interdiction or invasion charges present and is critical to upholding the rule of law in South Africa,” he said in a statement. .
He was reacting to Western Cape Superior Court judges Shehnaz Meer and Rosheni Allie, who ruled Tuesday that the city of Cape Town must have a court order to evict someone or demolish a home.
His comments were included in a joint statement with Human Settlements MEC Tertuis Simmer.
“Our first responsibility as a government is to the law-abiding citizens on the housing list, many of whom have been waiting for years for a home and are vulnerable and most deserving. We have already had our ability to deliver housing diminished. by Covid-19, budget cuts and illegal land invasions and this ban has the potential to further cripple the provision of real services. ”
Winde went on to say that having a safe and dignified space to call home was important.
“We also understand that in the current economic climate, there are many people who may not be able to pay their rent at this time,” he said.
“The Government of the Western Cape does not support illegal evictions – people who have become financially vulnerable in the current climate deserve to be treated with respect and dignity in this time of crisis.
“The Western Cape Housing Court in the Western Cape exists to resolve disputes between tenants and landlords, and deals with complaints about unfair practices and illegal evictions.”
READ ALSO | Cape Town Lockdown Evictions: R2,000 Compensation, Return of Property Between Court Orders
Winde said the interim injunction, which prohibits the city from taking immediate action to stop ongoing illegal land occupations by prohibiting the removal of all unoccupied shops, shacks or similar structures, will also set a precedent for how all land owners handle illegal land invasions in the future.
“While this order is intended to be contained in recent demolition actions taken by the City’s Anti-Invasion of Land Unit during the course of several City land invasions, the wide scope of its effect means that landowners they now cannot resist illegal land invasions by removing tents or any other form of temporary structure from their land, even before they are occupied without a court order, “they said.
“This is in contrast to our common law position that recognizes the right of the owner to regain possession of his property in circumstances where it is done actively and immediately.
“While the scope of this counter-plundering right is the subject of a second hearing on this application, which is only to be heard by the court in October, the effect of the court’s order with respect to part A has been to remove both the right of the City and any other landowner to remove unoccupied and incomplete structures from their land while it is being invaded. “
Local and provincial government had seen a “massive increase” in illegal land invitations in recent months on both public and private lands, Winde and Simmers said.
“In this case, the court’s suggestion that an express injunction or eviction order is a viable solution suitable for homeowners to use when faced with these encroachments is often not practical or financially and logistically viable.
“Many urgent requests have taken months, if not years, to achieve a final result at the stage where an occupation is completed. The removal of a homeowner’s right to take immediate practical steps to stop the course of an invasion on their land sooner From the beginning, it makes all land tenures vulnerable and has the additional implication for the state that all these occupations force municipalities to find alternative accommodation for those occupants before an eviction order is granted. “
