City of Joburg in illegal eviction dispute

The Red Ants are seen in Fleurhof, 12 August 2020, during the eviction of illegal occupants from a block of flats. The illegal occupants have been staying at the flats since Sunday. Picture for illustration: Nigel SibandaThey are demanding an apology and the return of building materials to people in Lindokuhle Mnguni informal settlement in Rosherville, whose shacks were allegedly unlawfully demolished.

Seri said police and Johannesburg Metro Police Department officers, as well as the Gauteng Crime Prevention Wardens and a private security company descended, on the informal settlement, accompanied by councillor Faeeza Chame.JMPD spokesperson Tlou Montje said the demolition was not unlawful because they were “authorised to demolish illegal structures and to prevent land invasion”.

He said in a letter that “no-one may be evicted, or have their home demolished, without an order of court made after considering all the circumstances”. Chame said her role during the demolition was to observe. She also maintained the action was authorised “by the City of Joburg and the Johannesburg Metro Police, as the view is that the land is being occupied illegally”.City spokesperson Nthatisi Modingoane stood by JMPD’s remarks, saying demolished structures were unoccupied.“These papers will include an interdict, preventing them from coming into the property without a court order,” he said.

He added Seri will send a letter of demand for return of the building materials as well as a criminal case, “because to evict someone without a court order is a criminal offence”.

Source: Law Daily Report (lawdailyreport.net)

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