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Vatheka Halile at the Camps Bay house.
- A queer artist collective was ordered to leave a posh Camps Bay Airbnb.
- They occupied the property last month and stayed beyond the original reservation dates.
- They indicated that they would comply with the court order.
On Friday, the collective of artists and LGBTQI + people occupying an Airbnb home in Camps Bay was ordered to leave the luxury property.
The Western Cape Superior Court ruled that the group should vacate the property no later than October 8.
After arguing that three of them had nowhere to go, the city of Cape Town offered to provide them with emergency accommodation in Philippi on the grounds that they qualified for it.
The group indicated that they would abide by the court order.
READ | Camps Bay Collective Faces Legal Action
They gained entry to the short-term rental last month by raising money through family, friends and supporters, and letting the agent know what their intentions were as they stayed beyond the original reservation dates.
According to the attorney for the owners and Airbnb management, defender Francois Botes, the group had submitted a false application, stating that they were a family of five “looking for a quiet and relaxed weekend.”
Botes said the group was occupying the property illegally, because they had booked for the weekend, from Friday, September 18, to Sunday, September 20, and they were expected to vacate that Monday afternoon, which they refused to do.
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They did not adhere to a payment deadline given a few days later.
They said they occupied the property to draw attention to the disparities between people fighting for safe accommodation and the potential for often empty “investment” properties to provide a solution to this.
During the court process, Sarah Summers, who is part of the collective, asked the court to grant them a three-week postponement while they sought legal representation.
However, the presiding judge, Judge Mokgoatji Josiah Dolamo, told the group that it was difficult for him to grant an adjournment later in the process.
He said a postponement would have unfair implications for applicants, as it would mean they would still have to occupy Airbnb.
Summers told the court that three of them had nowhere to go if they were evicted from the mansion.
Decision
After a couple of postponements, Dolamo read an email from the city of Cape Town saying that they were going to send the “homeless” an occupant questionnaire to determine if they needed shelter.
“[If] if they qualify, a structure can be made before Thursday, October 8, depending on weather conditions, ”said Dolamo.
He ordered the group to leave the property before noon Thursday.
Dolamo said that if the group did not do so, they would be evicted from the property and liable for the R50,000 damage suffered in revenue by Airbnb due to staying longer than expected.
