CAPE TOWN — The Western Cape provincial housing department is set to become embroiled in the legal process to evict more than 100 backyard dwellers from the Delft area of Cape Town, part of the national government’s flagship N2 Gateway project.
Cape High Court Judge Deon van Zyl yesterday decided not to move on a ruling he made on Christmas Eve to evict the dwellers, an order against them sought by state-owned Thubelisha Homes.
The return date for the hearing was set for yesterday.
Van Zyl was expected to rule on whether the occupation by the backyard dwellers was illegal and whether they should be evicted .
His stance on the matter means that Thubelisha Homes and the provincial housing department will now have to bring a new application next Friday . It also means that the occupiers of the Delft homes will not be moved, at least for a week.
Thubelisha had applied for the eviction of the backyard dwellers based on an eviction order obtained by the city council while it was still under the control of the African National Congress in October 2006.
At that stage there was a memorandum of understanding between the three tiers of government to set in place the project, with all three tiers of government co-operating.
However, since responsibility for the project was removed from the Democratic Alliance -led multiparty government by Housing Minister Lindiwe Sisulu, the legal wrangling over the project has intensified.
Thubelisha took on a leading role to obtain the evictions while the city had taken a back seat on the issue.
Ashraf Cassiem, chairman of the Western Cape Anti-Eviction Campaign, said the 2006 eviction order granted to the city by the Bellville Magistrate’s Court and which formed the basis of Thubelisha Homes’ initial application, was invalid because it was based on different circumstances.
It was aimed at evicting “other people” and not the backyard dwellers and therefore was “illegal”. Cassiem said he was informed telephonically by Van Zyl yesterday that Thubelisha would be bringing a new application by 2pm today .
His association would have to provide answering papers to the court by Wednesday and the matter will be heard next Friday.
It is understood that the provincial housing department of MEC Richard Dyantyi will also be involved in the application and the province will be represented by advocate Michael Donen, who is also an acting judge. - Business Day - News Worth Knowing
Cape High Court Judge Deon van Zyl yesterday decided not to move on a ruling he made on Christmas Eve to evict the dwellers, an order against them sought by state-owned Thubelisha Homes.
The return date for the hearing was set for yesterday.
Van Zyl was expected to rule on whether the occupation by the backyard dwellers was illegal and whether they should be evicted .
His stance on the matter means that Thubelisha Homes and the provincial housing department will now have to bring a new application next Friday . It also means that the occupiers of the Delft homes will not be moved, at least for a week.
Thubelisha had applied for the eviction of the backyard dwellers based on an eviction order obtained by the city council while it was still under the control of the African National Congress in October 2006.
At that stage there was a memorandum of understanding between the three tiers of government to set in place the project, with all three tiers of government co-operating.
However, since responsibility for the project was removed from the Democratic Alliance -led multiparty government by Housing Minister Lindiwe Sisulu, the legal wrangling over the project has intensified.
Thubelisha took on a leading role to obtain the evictions while the city had taken a back seat on the issue.
Ashraf Cassiem, chairman of the Western Cape Anti-Eviction Campaign, said the 2006 eviction order granted to the city by the Bellville Magistrate’s Court and which formed the basis of Thubelisha Homes’ initial application, was invalid because it was based on different circumstances.
It was aimed at evicting “other people” and not the backyard dwellers and therefore was “illegal”. Cassiem said he was informed telephonically by Van Zyl yesterday that Thubelisha would be bringing a new application by 2pm today .
His association would have to provide answering papers to the court by Wednesday and the matter will be heard next Friday.
It is understood that the provincial housing department of MEC Richard Dyantyi will also be involved in the application and the province will be represented by advocate Michael Donen, who is also an acting judge. - Business Day - News Worth Knowing
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